Gul Mohd. vs Samar Jahan
1982 Latest Caselaw 204 Del

Citation : 1982 Latest Caselaw 204 Del
Judgement Date : 27 May, 1982

Delhi High Court

Gul Mohd. vs Samar Jahan on 27 May, 1982

Equivalent citations: AIR 1983 Delhi 90, 1982 (3) DRJ 326, 1982 RLR 666

Bench: Y Dayal

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.