Hindu Marriage Act 1955

Prior to the passing of the Hindu Marriage Act XXV of 1955, there was a legislation in this State in respect of certain matrimonial disputes amongst Hindus. The Madras Hindu Bigamy Prevention and Divorce Act of 1949 declared all bigamous marriages by a Hindu void and punishable. It also provided for dissolution of certain marriages. Jurisdiction under that Act was given to the Subordinate Judges, District Judges and City Civil Judges within the limits of whose jurisdiction the marriage was solemnised or the respondent resided. Against any order passed on the petition by anyone of the aforesaid Judges an appeal was delcared to lie directly to the High Court.

The Hindu Marriage Act XXV of 1955 was passed to codify the Hindu law of marriage. By so doing it has effected important changes in the marriage law. It granted rights of divorce, judicial separation and permanent alimony. The Act also provided for remedy in respect of new rights created by it. The Act dealt with the pre-existing rights of either of the spouses to sue in a civil court for restitution of conjugal rights. Sec.9 provided for restitution of conjugal rights. Sec.10 for judicial separation. Sec.11 and 12 related to void and avoidable marriages. Sec.13 related to divorce. Sec.28 of the Act deals with the execution of orders passed by the court; and also provides for a right of appeal. On reading of Sec.19, it is clear that the jurisdiction under the Act is given to an existing civil Court. 

Under the Hindu Marriage Act, the Statute does give a right of appeal, but it does not prescribe the forum to which such appeals would lie. A question would also arise whethere there would be only one appeal, or there would be a further appeal from a decree or order of the appellate court. Both under the provisions of Sec.28 of the Act, as well as the general principles of law, an appeal would lie against a decree in a matrimonial cause to that court, to which appeals generally lie from a decree or order of the court to which juridiction is granted.

Sec.13 of the Madras Civil Courts Act states: Regular or special appeals shall when such appeals are allowed to lie from decrees and orders of the District Court to the High Court. Appeals from the decrees and orders of Subordinate Judges and District Munsifs shall when such appeals are allowed by law, lie to the District Court, except when the amount or value of the subject matter of the suit exceeds Rs.10,000 in which casae the appeals shall lie to the High Court.

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