Bombay High Court

VISHAL SURYAKANT PAWSHEversusARCHANA VISHAL PAWSHE

Disposal: DISMISSED

Holding

The appeal lies before the District Court, not the High Court, and is therefore dismissed.

Summary

The appellant filed a first appeal under Section 96 of the Code of Civil Procedure challenging a decree dated 21‑04‑2026 passed by the Civil Judge, Senior Division, Latur in a Hindu marriage petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The key issue was whether the appeal should be filed before the District Court or the High Court. The court examined Section 8 of the Maharashtra Civil Courts Act, which ordinarily makes the District Court the appellate forum for decrees of a Civil Judge, and noted that Section 26, which diverts appeals to the High Court, applies only when the subject‑matter value exceeds one crore rupees. Since the marriage petition’s value was less than one crore, the exception did not apply. Consequently, the appeal was dismissed, with liberty granted to the appellant to file the appropriate appeal before the District Court, and the period from filing to the order was excluded for limitation purposes.

Issues considered

Whether an appeal under Section 96 CPC from a decree in a Hindu marriage petition lies before the District Court or the High Court.
Whether Section 26 of the Maharashtra Civil Courts Act, which allows High Court jurisdiction, applies when the subject‑matter value is less than one crore rupees.

Legislation cited

Code of Civil Procedure, 1908 — s. 96
Hindu Marriage Act, 1955 — s. 28, 9
Maharashtra Civil Courts Act — s. 16, 17, 26, 8

Subjects

appellate jurisdiction
district court
high court
Hindu marriage
restitution of conjugal rights
Code of Civil Procedure
Maharashtra Civil Courts Act

Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD


                    914 FIRST APPEAL NO.2271 OF 2026


                       VISHAL SURYAKANT PAWSHE
                                  VERSUS
                        ARCHANA VISHAL PAWSHE
                                      ...
                Mr. G.K. Muneshwar, Advocate for applicant
                                      ...

                                     CORAM :      ROHIT W. JOSHI, J.
                                     DATE :       28th AUGUST, 2026


ORDER :



.           Present appeal is filed under Section 96 of the Code of Civil

Procedure, 1908 in order to challenge Judgment and Decree dated

21.04.2026 passed by learned Civil Judge Senior Division, Latur in Hindu

Marriage Petition No.68/2023, which is a petition filed for restitution of

conjugal rights under Section 9 of the Hindu Marriage Act, 1955. Section 28

of the Hindu Marriage Act provides that all decrees made by the Court in a

proceeding under the said Act shall be appealable as decrees of the Court and

shall be appealable before the Court before whom appeals from decrees

passed by the learned trial Court ordinarily lie. Section 8 of the Maharashtra
                                       2                            914_FA_2271_2026



Civil Courts Act provides that except as provided under Sections 16, 17 and

26 the District Court shall be Court of appeal for all decrees and orders

passed by subordinate Courts. Section 26 of the Maharashtra Civil Courts Act

provides that an appeal shall lie from a decree passed by learned Civil Judge

in suits where the value of the subject-matter exceeds one crore rupees.

Section 17 speaks about reference of any appeal by the District Judge for

adjudication to the Additional District Judge. Section 16 provides that the

District Judge may refer any suit or proceeding of civil nature for

adjudication to a Court of Additional District Judge and that appeal from

decrees to be passed by the Additional District Judge in such suit can lie

before a District Judge. Sections 16 and 17 are therefore not applicable to

the present case. Perusal of Section 8 will demonstrate that appeal from

every decree passed by Civil Judge will lie before a District Court. Section 26

is an exception to the general appellate jurisdiction of a District Court under

Section 8. Appeal shall lie from a decree of civil Court before High Court

only if the subject matter thereof exceeds Rupees One Crore. In the case at

hand the subject-matter of the marriage petition is less than Rupees One

Crore.   The appeal shall, therefore, lie before the learned District Court.

Appeal is, therefore, dismissed with liberty to the appellant to file appropriate

appeal before the District Court.
                                       3                           914_FA_2271_2026



2            Period i.e. from the date of filing of appeal i.e. 08.07.2026 till

today shall be excluded for the purpose of limitation of appeal before learned

District Court.




                                                  ( ROHIT W. JOSHI, J. )




agd

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