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1959 Supreme(Mad) 29

RAMACHANDRA.IYER
Valliarnmal Ammal – Appellant
Versus
Periasami Udayar – Respondent


Advocates:
G. R. Jagadisan, K. K. Sreedharan and K. S. Naidu, for Appellant.

Order.-

These matters have been referred by the office* for directions as to the maintainability of the above appeals. S.R. No. 37109 is an appeal against an order for judicial separation under section 10(1) of the Hindu Marriage Act of 1955. The petition for judicial separation was filed by the husband on 10th September, 1957, in Sub-Court, Tanjore. S.R. No. 14179 is an appeal against an order dismissing an application for divorce. That petition was filed by the husband who is the appellant on 17th December, 1956, in the District Court of Tiruchirappalli. The petition was

* Office Note.- A.E. 8/59 S.R. Nos. 27783, 37109, 14179 and 158. The question that arises for determination in these three cases is whether the forum for appeal under section 28 read with section 19 of the Hindu Marriage Act (Central Act XXV of 1955) against the decision of a Subordinate Judge is the High Court or the District Court in view of the powers vested in the Subordinate Courts under G.O.Ms. No. 221 (Home) dated 29th January, 1957, to exercise jurisdiction in respect of matter -arising under the Act.

According to section 19 of the Act it is the District Court that can hear the original proceedings arising u











































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