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Report No. 79

9.2. Appeals in matrimonial cases.-

Appeals in matrimonial cases have an importance of their own, and should be given priority1-2 as already recommended by us while dealing with the listing of appeals.

1. Cf. Law Commission of India, 77th Report (Delay and Arrears in Trial Courts), Chapter 10 (as to priority in trial 'courts).

2. Chapter 7 (Listing of Appeals).

9.3. The majority of appeals in matrimonial cases in the High Court are now appeals under section 28 of the Hindu Marriage Act, 1955. There are also certain appeals filed under the corresponding provision in the Special Marriage Act, 1954. As regards Christians, jurisdiction of the High Court under the Indian Divorce Act, 1869 is ordinarily by way of confirmation1 of the decree of divorce passed by the District Judge, proceeding for such confirmation being mandatory2 under the Act.3

In regard to the Parsi Marriage Act, 1936, in the three Presidency towns, the Chief Matrimonial Courts presided over by a High Court Judge exercise special jurisdiction of an original character in matrimonial causes under that Act.4 Appeals lie to a Division Bench of the High Court. What we have said above, as to giving priority to appeals in matrimonial cases, is intended to cover all these Acts.

1. Section 17, Indian Divorce Act, 1869.

2. Para. 2.7, supra.

3. See para. 9.4, infra, for recommendation.

4. Parsi Marriage Act, 1936, sections 17 to 19.



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