Any person may appeal to the Supreme Court from any decree (other than a decree nisi) or order under this Act of a High Court made on’ appeal or otherwise, and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court, when the High Court declares that the case is a fit one for appeal to the Supreme Court.
Simplified Explanation
Key Points of Section 56
- Right to Appeal:
- Any person may appeal to the Supreme Court from a decree or order under the Indian Divorce Act, provided it is not a decree nisi.
- A decree nisi refers to a provisional or temporary decree, and appeals cannot be made from such a decree.
- Decrees of High Court:
- Appeals can be made from a decree or order of a High Court, whether the decree or order was made on appeal or otherwise.
- Judges of High Court or Division Court:
- Any decree or order made in the exercise of original jurisdiction by a Judge of a High Court or a Division Court can also be appealed to the Supreme Court, but only when the High Court declares that the case is a fit one for appeal to the Supreme Court.
- This declaration by the High Court is required for cases where no direct appeal lies to the High Court from the decision of the Judge or Division Court.
Implications of Section 56
- Appeal to the Supreme Court:
- This section gives individuals the right to appeal decisions made by the High Court in divorce proceedings, excluding provisional decrees (decree nisi).
- If a person is dissatisfied with a decision, they can appeal to the Supreme Court, ensuring a further layer of judicial review for significant divorce matters.
- Decree Nisi Exclusion:
- The section excludes appeals from a decree nisi, meaning that temporary or provisional decrees, which do not finalize the dissolution of marriage or grant the complete relief sought, cannot be appealed at this stage.
- High Court’s Role in Declaring Fit for Appeal:
- When a case has been decided by a Judge or Division Court of the High Court, and there is no automatic appeal to the High Court, the High Court itself must declare whether the case is suitable for further appeal to the Supreme Court.
- This ensures that only cases deemed of significant importance or requiring higher judicial intervention will be escalated to the Supreme Court.
Example of Application
- Appeal to Supreme Court:
- If a wife is dissatisfied with the final decree of divorce passed by the High Court and believes there is a legal error, she may appeal to the Supreme Court, provided it is not a provisional decree.
- Decree Nisi:
- If the High Court has passed a decree nisi (provisional divorce decree), the parties cannot appeal to the Supreme Court at that point. They must wait for a final decree.
- High Court’s Declaration:
- If a Division Court in the High Court issues a decree but does not allow for an automatic appeal, the High Court must first decide whether the case is of such importance that it should be escalated to the Supreme Court.
Conclusion
Section 56 of the Indian Divorce Act, 1869 provides a pathway for appeals to the Supreme Court in divorce matters. It allows any person to appeal from a final decree or order made by the High Court, except in cases of decree nisi. It also empowers the High Court to declare whether a case is fit for appeal to the Supreme Court when it arises from decisions made in original jurisdiction by a High Court Judge or Division Court.
