JUDGMENT - (1) This petition for a decree for divorce or judicial separation under the provisions of the Hindu Marriage Act of 1955 was filed by the petitioner Gangadhar Rakhamaji Jadhav in the Court of the Civil Judge, Senior Division, at Ahmednagar. The petitioner alleged that he married the opponent in the year 1943 but that the opponent after having lived with him for four years had deliberately deserted him since 1948 and was living in adultery. The petition was opposed by the opponent. She denied desertion on her part and denied that she was living in adultery as alleged by the petitioner. she contended that she was living peacefully with the petitioner till 1953, but that some time about 11-11-1954 it was the husband who beat her and drove out of the house. The petition was dismissed by the learned Civil Judge, senior Division, Ahmednagar, on 31-12-1957, holding that the allegations on which the petition was founded were not proved. The petitioner has, therefore, filed the present appeal from this decision and decree passed by the lower Court, under Section 28 of the Hindu Marriage Act.

(2) The first question to be considered is whether the appeal to this Court is competent. as has already been stated, the petition was filed in the Court of the Civil Judge, Senior Division, at Ahmednagar, and the decision and decree appealed from is of the Court of the Civil Judge, Senior Division. Section 28 of the Hindu Marriage Act, which provides for the appeals to be filed, states :

"All decrees and orders made by the court in any proceeding under this Act shall be enforced in like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction are enforced, and may be appealed from under any law for the time being in force."

Now, the "law for the time being in force" for determining the forum of appeal is the Bombay Civil Courts Act. Under Section 8 of that Act an appeal from the decree or order of a Civil Judge, Senior Division, lies to the District Court except in the case of decisions in suits where the amount or value of the subject-matter exceeds ten thousand rupees. Under the Bombay Civil Courts Act, a District Court is presided over by a District Judge and is the principal court of original civil jurisdiction in the district within the meaning of the Code of Civil Procedure. In the present case, the decree having been passed by the Court of the Civil Judge, Senior Division of Ahmednagar, in a petition under the Hindu Marriage Act, the appeal should lie to the District Court of Ahmednagar.

(3) Act the Court of a Civil Judge, Senior Division, having jurisdiction in respect of matters dealt with in the Hindu Marriage Act is a "District Court" as defined in S. 3(b) of the Act and in view of the meaning which the definition in S. 3(b) gives to the expression "district court" an appeal from an order or decree of the court must lie to the High Court. A petition for judicial separation lies to the District Court under S. 10 of the Act and a petition for divorce as provided by S. 13 of the Act also lies to the district Court. The expression "District Court" is defined in S. 3(b) of the Hindu Marriage Act as meaning "in any area for which there is a city civil court that court, and in any other area the principal civil court of original jurisdiction" and as including "any other civil court which may be specified by the State government by notification in the Official Gazette as having jurisdiction in respect of matters dealt with in the Act". By a notification No. HMA-1055/52067 published in the Official Gazette on 1-9-1955, the Courts of Civil Judges, Senior Division, in the State have been notified as having jurisdiction in respect of matters dealt with in the Hindu Marriage Act within their respective jurisdictions. Mr. Bhasme argues that under the definition given in Section 3(b) of the Hindu Marriage Act the District Court means the principal civil court of original jurisdiction in any given are

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