TMI Blog1996 (9) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... and one Prince Joseph was subsisting on the date the appellant married the respondent; (ii) the appellant was insane and continued to be so till the date of marriage. That application was contested by the appellant saying that although she had married earlier with aforesaid Prince Joseph, the said marriage was annulled by the order of the Ecclesiastical Tribunal (Church Court as it is referred to at times). It also asserted on her behalf that previous marriage was known to the respondent and inspite of that he agreed to marry the appellant. 2. The learned District Judge did not conduct any enquiry and he declared the marriage between the appellant and the respondent a nullity merely on basis of the pleadings of the parties. According to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subject to Act. Exception-the jurisdiction now exercised by the High Courts in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such Courts and by the District Courts subject to the provisions in this Act contained, and not otherwise; except so far as relates to the granting of marriage-licenses, which may be granted as if this Act had not been passed. Section 10 enables any husband to present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery. A wife may also present a petition to District Court or to the High Court for dissolution of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arty was obtained by force or fraud. Every decree of nullity of marriage made by the District Judge shall be subject to confirmation by the High Court because of Section 20 and provisions of Section 17, Clauses one, two, three and four, shall, mutatis mutandis be applicable. 3. From a bare reference to the different provisions of the Act including preamble thereof it is apparent that Divorce Act purports to amend the law relating to divorce of persons professing the Christian religion and to confer upon courts which shall include District Court and the High Court jurisdiction in matrimonial matters. In this background, unless the Divorce Act recognises the jurisdiction, authority or power of Ecclesiastical Tribunal (sometimes known as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The learned Counsel appearing for the appellant placed reliance on the judgment of this Court in the case of Lakshmi Sanyal v. Sachit Kumar Dhar [1973]2SCR122 in support of his stand that inspite of the provisions of the Divorce Act and procedures prescribed therein for dissolution of marriage or declaration of a marriage to be nullity, Ecclesiastical Tribunal can also dissolve a marriage. In that case, this Court was considering whether a marriage could be declared a nullity on the ground that the parties were within the prohibited degrees consanguinity which is a ground for declaring a marriage to be nullity under Section 19(2) of the Divorce Act. In that connection, It was said: The Second point relates to the effect of the marri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rriage to be nullity, pointed out that the Divorce Act does not give definition was to what are the prohibited degrees. Thereafter it was said that for that limited purpose personal law has to be looked into. According to us, on basis of the aforesaid judgment of this Court it cannot be held that any declaration of marriage to be void by Ecclesiastical Tribunal shall be binding on the District Court or the High Court. Such Ecclesiastical Tribunal cannot exercise a power parallel to the power of the District Court or the High Court which have been vested in the District Court and the High Court by the provisions of the Divorce Act. Section 18 provides that any husband or wife may present a petition to the District Court or to the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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