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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Sanjay Kumar Gangania – Appellant
Versus
Rita Sharma – Respondent
| Table of Content |
|---|
| 1. procedural history of delegated s.9 hma proceedings and appeal. (Para 1 , 2 , 3 , 7) |
| 2. contentions on delegation excluding appellate jurisdiction transfer. (Para 4 , 5) |
| 3. s.28 hma deems appeals from original civil jurisdiction courts. (Para 6 , 8 , 9) |
| 4. hp courts act mandates appeals from dj original to high court. (Para 10 , 11 , 12) |
| 5. delegated decrees treated as district judge for appeal forum. (Para 13 , 14) |
| 6. precedent supports hc appeals from delegated hma subordinate courts. (Para 15 , 16 , 17) |
| 7. orders quashed for jurisdictional error; appeal returned. (Para 18 , 19) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has assailed order dated 29.12.2022 (Annexure P-2), passed by the Court of learned Additional District Judge, Sundernagar, District Mandi, H.P., in terms whereof, in the course of an appeal filed under Section 28 of the Hindu Marriage Act, an application filed under Order 7, Rule 10A read with Section 151 of the Civil Procedure Code for return of the appeal to be presented before the appropriate Appellate Court has been rejected.
2. The facts necessary for the adjudication of this petition are that proceedings under Section 9
Appeal under Section 28 Hindu Marriage Act against decree by Civil Judge exercising delegated original jurisdiction of District Judge lies to High Court, not District Judge.
Civil Judges cannot issue matrimonial decrees without jurisdiction; disputes must be addressed in Family Courts or District Courts when Family Courts are absent.
Jurisdiction cannot be denied under the Hindu Marriage Act due to prior marriage location in a now foreign territory.
Point of law: A conjoint reading of Sections 371, 372 and 384 of the Act would show that the original jurisdiction to entertain and decide a petition for the grant of a succession certificate has bee....
A court cannot raise a lack of territorial jurisdiction if it previously accepted jurisdiction without objection from either party, aiming to facilitate resolution of matrimonial disputes.
The court affirms that Additional District Judges have jurisdiction to handle arbitration awards under the Arbitration and Conciliation Act, broadening the interpretation of 'Court' within this conte....
A reference to a larger bench is only warranted in the presence of conflicting decisions, not merely to create a precedent.
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