AIR 1963 MADRAS 283 ::1976 MadLW 13 ::(1963) 1 MadLJ11 ::ILR (1963) Mad 384

Madras High Court

Hon'ble Judge(s): S. Ramachandra Iyer , C.J. AND Ramakrishnan , J

(A) Hindu Marriage Act (25 of 1955) , S.28— Section confers right of appeal against all decrees and orders passed under Act - "Under any law for the time being in force". Interpretation of: C.R.P. No. 692 of 1958 (S.R. No. 4968 of 1958) (Mad) Overruled. Section 28 in terms confers a right of appeal against all decrees and orders passed by the Court in any proceeding under the Act. The right cannot be subject to a limitation that such a right should exist under some other law for the time being in force, like the Civil Procedure @page-Mad284 Code (1908). The words "under any law for the time being in force" contained in S. 28 only regulate the forum as to where the appeal has to be filed, and do not restrict or qualify the right of appeal: (B) Hindu Marriage Act (25 of 1955) , S.25— Applicability - Decree for judicial separation - Section will apply. Because of the words "while the applicant remains unmarried" in S. 25 it cannot be said that the section would apply only to a case where a decree for divorce has been passed and not to a case where there is only a decree for judicial separation. The opening words of the section make it clear that the power of the Court thereunder could be invoked after any decree is p....