Report No. 59
9.33. Recommendation.-
We, therefore, recommend that section 39 of the Special Marriage Act should, in so far as it relates to appeal, be revised as follows:-
"39(1)1 All decrees made by the court in any proceeding under this Act shall subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.
"(2) Orders made by the court in any proceeding under this Act under section 37 or section 38 shall, subject to the provisions of sub-section (2), be appealable if they are not interim orders, and such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.
(3) There shall be no appeal under this section on the subject of costs only.
(4) Every appeal under this section shall be instituted within a period of thirty days from the date of the decree or order."
1. Execution should be dealt with in separate section.
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