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Gul Mohd. Vs. Samar Jahan - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtDelhi High Court
Decided On
Case NumberRegular Second Appeal No. 110 of 1981
Judge
Reported inAIR1983Delhi90; 1982(3)DRJ326; 1982RLR666
ActsMuslim Marriage Act, 1939; Code of Civil Procedure (CPC), 1908 - Sections 96
AppellantGul Mohd.
RespondentSamar Jahan
Advocates: G.K. Srivastava and; D.B. Vohra, Advs
Excerpt:
muslim marriage act, 1939 and code of civil procedure - section 96 ; an appeal lies from the decree of dissolution of marriage passed by a subordinate court exercising the jurisdiction of a kazi under the muslim personal law. - .....dissolution of marriage used to by decided be kazi but that does not mean that since kazi's jurisdiction is conferred on subordinate courts they alone can pass decree which is final and unassailable. the act is to be applied by taking recourse to ordinary process of the courts. the civil judge while hearing the suit was exercising original civil jurisdiction and the proceedings culminated into a judgment followed by a decree. under section 96 civil procedure code an appeal lies from any decree passed by any court exercising original jurisdiction.
Judgment:

(1) A decree for dissolution of marriage passed by Sub Judge. The appeal was dismisled by the Additional Dist. Judge on the ground that it was not competent as the subordinate judge exercises powers of kazi under the Muslim Marriage Act.

(2) Held It is true that under the Muslim Personal Law, matters of dissolution of marriage used to by decided be kazi but that does not mean that since kazi's jurisdiction is conferred on Subordinate Courts they alone can pass decree which is final and unassailable. The Act is to be applied by taking recourse to ordinary process of the courts. The civil judge while hearing the suit was exercising original civil jurisdiction and the proceedings culminated into a judgment followed by a decree. Under section 96 Civil Procedure Code an appeal lies from any decree passed by any Court exercising original jurisdiction.


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