Case Note & Summary
The judgment concerns three first appeals arising from suits filed before the Court of Civil Judge, Senior Division, in Goa. The appeals were valued at Rs. 25,000, Rs. 1,10,000, and Rs. 1,00,100 respectively for jurisdiction purposes, and a court fee of Rs. 25 was paid in each. These appeals were filed either granting or refusing to grant divorce under Article 4(4) of the Law of Divorce. The first two appeals were pending before the High Court when Section 20A of the Goa Civil Courts Act, 1965 came into force on 17/09/2009. Section 20A provides for the transfer of all appeals valued up to Rs. 20 lakhs and pending before the High Court immediately before the commencement of the Goa Civil Courts (Amendment) Act, 2009, to the concerned District Court, with a proviso that it will not apply to appeals which are statutorily provided under the relevant Act before the High Court. The court noted that the submissions made by counsel did not refer to Section 20A or the judgment in Octaviano Teogono Alcacoas v. Rosa Milagrina A. (2005 SUPP Bom.C.R. 67). The court observed that it was not the case of any party that the Law of Divorce provides a statutory appeal to the High Court; in fact, it was their case that it does not. The court held that since the Law of Divorce does not provide a statutory appeal to the High Court, the proviso to Section 20A does not apply, and therefore the appeals stand transferred to the District Court. The court directed that the appeals be transferred to the District Court, which may proceed to deal with them from the stage reached before transfer or from any earlier stage or de novo as it deems fit.
Headnote
A) Civil Procedure - Transfer of Appeals - Section 20A Goa Civil Courts Act, 1965 - Transfer of pending appeals valued upto Rs. 20 lakhs to District Court - The court considered whether appeals under the Law of Divorce, which do not provide a statutory appeal to the High Court, are covered by Section 20A. Held that since the Law of Divorce does not provide a statutory appeal to the High Court, the proviso does not apply, and the appeals stand transferred to the District Court. (Paras 2-3)
Issue of Consideration
Whether appeals pending before the High Court under the Law of Divorce, valued below Rs. 20 lakhs, stand transferred to the District Court by virtue of Section 20A of the Goa Civil Courts Act, 1965, and whether the proviso excluding statutorily provided appeals applies.
Final Decision
The court held that since the Law of Divorce does not provide a statutory appeal to the High Court, the proviso to Section 20A does not apply, and the appeals stand transferred to the District Court. The appeals are to be transferred accordingly.
Law Points
- Transfer of pending appeals
- Section 20A Goa Civil Courts Act
- 1965
- statutory appeal not provided under Law of Divorce
- legislative intent
- de novo hearing
Case Details
2010 LawText (BOM) (09) 93
First Appeals Nos. 276/2005, 316/2006 and 38/2009
Mr. Rohit Bras De Sa, Mr. M.B. Da Costa, Mr. J.A. Lobo, Mrs. A. Agni
Mr. Antonio Ferdino Varela (FA 276/2005), Smt. Rupa Mangaldas Mandrekar Alias Balkrishna Narvekar (FA 316/2006), Shri Mohanlal Putu Raikar (FA 38/2009)
Mrs. Theresa Maria Angela Varela (FA 276/2005), Shri Mangaldas Vishnu Mandrekar (FA 316/2006), Smt. Chanda Chandrakant Kittur Alias Manda Mohan Raikar (FA 38/2009)
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Nature of Litigation
Civil appeals arising from suits for divorce under the Law of Divorce.
Remedy Sought
The appeals were filed either granting or refusing to grant divorce under Article 4(4) of the Law of Divorce.
Filing Reason
The appeals were filed against the decisions of the Civil Judge, Senior Division, in divorce suits.
Previous Decisions
The suits were decided by the Court of Civil Judge, Senior Division, and the appeals were pending before the High Court.
Issues
Whether the appeals pending before the High Court under the Law of Divorce, valued below Rs. 20 lakhs, stand transferred to the District Court by virtue of Section 20A of the Goa Civil Courts Act, 1965.
Whether the proviso to Section 20A, which excludes appeals statutorily provided under the relevant Act before the High Court, applies to these appeals.
Submissions/Arguments
The submissions made by counsel did not refer to Section 20A or the judgment in Octaviano Teogono Alcacoas v. Rosa Milagrina A.
It was not the case of any party that the Law of Divorce provides a statutory appeal to the High Court; in fact, it was their case that it does not.
Ratio Decidendi
Section 20A of the Goa Civil Courts Act, 1965 transfers all appeals valued up to Rs. 20 lakhs pending before the High Court to the District Court, except those appeals which are statutorily provided under the relevant Act before the High Court. Since the Law of Divorce does not provide a statutory appeal to the High Court, the proviso does not apply, and the appeals must be transferred.
Judgment Excerpts
Section 20A : Transfer of pending appeals before the High Court - All appeals which are valued upto Rupees Twenty lakhs or below and pending before the High Court immediately before the commencement of the Goa Civil Courts (Amendment) Act, 2009, shall, on such commencement stand transferred to the concerned District Court...
It is not the case of any of the parties that the Law of Divorce provides a statutory appeal to this Court. In fact it is their case that it does not.
Procedural History
The suits were filed before the Court of Civil Judge, Senior Division. Appeals were filed to the High Court. The first two appeals were pending before the High Court when Section 20A came into force on 17/09/2009. The court then considered the effect of Section 20A on these appeals.
Acts & Sections
- Goa Civil Courts Act, 1965: Section 20A
