hierarchy of Appeal
Querist :
Anonymous
(Querist) 22 November 2010
This query is : Resolved
My wife has filed petition u/s. 13(1)(a) of the HMA,1955 against me in THE COURT OF CIVIL JUDGE (S.D.) KALYAN AT KALYAN, M.J. PETITION NO. XXX OF 2010. I am 99.99% sure that I will won the case.
If either of the party looses the case what is the hierarchy for the appeal i.e. appeal directly in the Hon'ble High Court, Mumbai or in between other Courts are there? Please give Bottom to top hierarchy of the Court upto the Hon'ble Supreme Court.
Kirti Kar Tripathi
(Expert) 22 November 2010
if there exist District Court, the appeal will lie before the district judge. note the suit is pending before Civil Judge (SD) not before Family Court.
Guest
(Expert) 22 November 2010
The definition of the expression "district court" given in Section 3(b) of the Hindu Marriage Act says which courts are meant and included within that expression as used in the Act. It says that by the expression "district court" are meant in the first place a city civil court in the area in which there is such court and in any other area the principal civil court of original jurisdiction. The principal civil court of original jurisdiction in the areas which are districts is the Court of the District Judge of the District. Thus under this part of the definition all city civil courts and all courts of the District Judges have jurisdiction to deal with matters under the Hindu Marriage Act. The definition then proceeds to say that in addition to these courts other civil courts will also be included in the expression "district court" if such other civil courts are notified by the State Government in the Official Gazette as having jurisdiction in respect of matters dealt with in the Act. Thus under the expression "district court" as used in the Hindu Marriage Act comes all city civil courts, all courts of District Judges of the district and also other civil courts notified by the State Government in the manner provided. It is not correct to say, that any civil court in the district other than the principal civil court of original jurisdiction, when notified by the State Government as having jurisdiction in matters dealt with under the Hindu Marriage Act, becomes a "district court" as meaning the principal civil court of original jurisdiction for the purposes of the Hindu Marriage Act by virtue of the definition given in S. 3(b). It is the court to which petitions under the Hindu Marriage Act lie and which had jurisdiction in respect of matters dealt with in the Act. Since in the various provisions of the Act the court which has jurisdiction in matters dealt with in the said provisions is referred to as the "district court" the inclusive part of the definition says that civil courts other than the principal civil court of original jurisdiction when notified by the Government will be included within the expression "district court" as used in the Act. The Court of the Civil Judge, Senior Division, therefore, which is notified by the State Government as having jurisdiction in matters dealt with under the Hindu Marriage Act, is a "district court" within the definition of S. 3(b) of the Hindu Marriage Act, but it is not the principle civil court of original jurisdiction, nor does it exercise its jurisdiction as such principle civil court of original jurisdiction. Section 28 of the Hindu Marriage Act leaves the forum of appeal to be determined under the law for the time being in force which, in the present case, is the Bombay Civil Courts Act. The forum of appeal from the order or decree of the Court of the Civil Judge, Senior Division, under the Bombay Civil Courts Act is the court of the District Judge of the District. In the present case, therefore, which was decided by the Civil Judge, Senior Division, the appeal lies to the Court of the District Judge and not to the High Court.
G. ARAVINTHAN
(Expert) 28 November 2010
If the case is pending befoire Subordinate Judge, then, appeal is before district court and then high Court and then supreme court
