Ram Saran vs Smt. Shanti Devi and Another

Deoki Nandan, J.—This a Plaintiff''s First Appeal. The relief claimed in the suit was a decree declaring that the marriage between him and the Defendant No. 1 had been dissolved unilaterally according to the local custom of the parties. The suit was filed in the court of the District Judge, Banda. The subject matter of the suit was valued at Rs. 300/- in the plaint, and court fee of Rs. 37.50 p. was paid thereon. The kind of relief that has been sought in the present suit is not contemplated either by the Hindu Marriage Act under which alone a suit could be filed for matrimonial relief in the court of the District Judge irrespective of its valuation. It is not a suit for any of the four kinds of relief under that Act.

The suit was not maintainable in the District Court at all. It is further noticeable that, according to the plaint itself, the divorce was said to have been given in June, 1967 and that the Plaintiff did not require the declaration sought for at any time before he was taken into Government service on the 16th September, 1972. The cause of action for the suit cannot, however, be said to have accrued on the date when the Plaintiff got employed as a Government servant, and the cause of action for the suit being the date of the alleged divorce in June, 1967, the suit for declaration was clearly barred by limitation of three years prescribed by Article 113 of the Schedule to the Limitation Act. It may be here mentioned that not being a suit for matrimonial relief provided under any law, for the time being enforce, in respect of marriage and divorce, Sub-section (3) of Section 29 of the Limitation Act, 1963, does not save the suit from the applicability of its provisions. The suit was accordingly not maintainable at all. The dismissal of the suit is maintained though for reasons different from those adopted by the learned District Judge.

The appeal fails and is dismissed with costs.