Case Note & Summary
The appellant, Vishwas M. Korde, filed a suit for dissolution of marriage against his wife, Vanamala Korde, in the Court of Civil Judge, Sr. Division, Ponda, Goa. The suit was valued at Rs.75,000/- for jurisdictional purposes. The trial court dismissed the suit on 30th March 2002. Aggrieved, the appellant filed an appeal in the High Court of Bombay at Goa on 24th June 2002. The respondent raised a preliminary objection that the appeal was incompetent as it should have been filed in the District Court, not the High Court. The court noted that in Goa, the Hindu Marriage Act, 1956 does not apply, and matrimonial proceedings are governed by pre-liberation Portuguese law, with dissolution sought by suit. The valuation of the suit was not challenged. The court examined Section 6 of the Goa Civil Courts Act, 1965, which provides that the District Court is the Court of Appeal from all decrees and orders of subordinate Courts, save as otherwise expressly provided. The court held that the appeal from a Civil Judge, Sr. Division lies to the District Court, not the High Court. The appeal was dismissed as incompetent, with no order as to costs.
Headnote
A) Civil Procedure - Appellate Jurisdiction - Matrimonial Suit - Goa Civil Courts Act, 1965, Section 6 - The appeal from a decree or order of a Civil Judge, Sr. Division in a matrimonial suit lies to the District Court, not the High Court, as per Section 6 of the Goa Civil Courts Act, 1965, which provides that the District Court shall be the Court of Appeal from all decrees and orders passed by subordinate Courts, save as otherwise expressly provided. The High Court has no appellate jurisdiction in such matters. (Paras 5-7) B) Civil Procedure - Valuation - Matrimonial Suit - Goa Civil Courts Act, 1965, Section 6 - The valuation of the suit for dissolution of marriage at Rs.75,000/- does not affect the appellate forum; the appeal lies to the District Court regardless of valuation, as the High Court's appellate jurisdiction is not attracted merely by the valuation. (Paras 4, 7)
Issue of Consideration
Which Court has the jurisdiction to entertain the appeal filed on 24th June, 2002 against the decision of the Civil Judge, Sr. Division in a matrimonial suit?
Final Decision
Appeal dismissed as incompetent. No order as to costs.
Law Points
- Appeal lies to District Court from Civil Judge Sr. Division in matrimonial suit under Goa Civil Courts Act
- 1965
- Section 6
- irrespective of valuation
- High Court has no appellate jurisdiction in such cases
