Law: Divorce Act (IV of 1869)

Section: 10, 18, 4, 45

Law: Civil Procedure Code (V of 1908)

Section: 15, 10, 18

Divorce Act (IV of 1869) Ss. 10, 18, 4 & 45 read with Civil Procedure Code (V of 1908), S. 15-Jurisdiction of High Court and District Court to entertain peti tions under Ss. 10 & 18 of Act IV of 1869-Concurrent-Petitioner has right to select a forum out of alternatives provided-Section 4 of the Act is an enabling section and does not limit right of petitioner to apply to High Court direct under S. 10 or 18 of the Act-Section 15 of C. P. C. not applicable-Section 45 of the Act, of no avail. The contention was that by virtue of section 45 of the Divorce Act all proceedings under the Act are to be regulated by the Civil Procedure Code and therefore in view of section 1:5, C. P. C. a cause has to be presented before a Court of the lowest grade. Consequently a petitioner under section 10, or 18 of the Divorce Act could not come to High Court direct but should in the first instance approach the District Court. Held : The application of the Code of Civil Procedure under section 45 of the Divorce Act, 1b69 is `subject to the provisions of the Act' and if the Act gives choice to the appellant to present the petition either before the relevant ..District Court or to the High Court direct, section 15 of the Code cannot be invoked in aid of refusing choice of forum to the appellant. Secondly, the grades of Courts envisaged in section 15 pertain to grades of civil Courts provided by the West Pakistan Civil Courts Ordinance, 1962, and if the argument be accepted that jurisdiction is a matter of procedure on its plain language section 15 of the Code of Civil Procedure is not appli cable .for the reason that there is no question of a higher grade or a to her grade qua the High Court and the District Judge's Court, which is subordinate to the former. On this view of the matter, section 45 of the Act or section 15 of the Code of Civil Procedure is of no avail. By section 4 of the Act special jurisdiction has been conferred on the District Court with a view to providing relief to persons who could not come to the seat of the High Court from far flung areas of the country but this does not mean that the concurrent jurisdiction conferred on the District Courts is to…