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H J Hewitt v Mrs H J Hewitt (a) Ma Yan    

Cases and Articles Cited

Case Name	Citation(s)	Court	Jurisdiction	Date †	Full Text		Citation Index
Divorce H J H EWITT J ' Act of 1869 was modelled The Judicature Act of Mrs H J 1881 transferred the appellate jurisdiction which Hewitt (a) Ma Yan section 55 of the Matrimonial Causes Act vested in the Full Court to the Court of Appeal set up under the Supreme Court of Judicature Act, 1873 But no restriction on the right of appeal existed other than that where the order is one which under rules of the Court was to be made at the discretion of the trial Judge, no appeal lay without the leave of that Judge Section 1 of the Judicature Act of 1894 places further restriction on the right of appeal and these restrictions have been repeated in section 31 of the Judicature Act of 1925 The Act of 1925 repeals also in terms section 55 of the Matrimonial Causes Act of 1857 which is replaced to a certain extent by section 27 of the Act Our conclusions then are that all decisions by a Court exercising matrimonial or divorce jurisdiction, except such as are specifically stated in provisos 1 and 2 of section 55 of the Divorce Act, are open to appeal, the manner of the exercise of the appellate jurisdiction only being such as is defined in that section In the view we take of section 55 we dissent from the reasons stated for the decisions in T v B and B (1) and Chamarette v Chamareite (2) The second proviso in section 55 of the Divorce Act reads : " provided also there shall be			India - Punjab	circa 1947			1
(1944) 1 Cal 258	(1944) 1 Cal 258		United States - California	circa 1944			1
Iswarayya v Iswarayya	AIR 1930 Mad J54		India - Tamil Nadu	circa 1930			1
Air 1930 Mad 154	AIR 1930 Mad 154		India - Tamil Nadu	circa 1930			2
Tuvuriammal v Santiago	[1914] AllINRprLB 82; 7 LBR 347; 7 Bur LT 129; [1914] AIR LB 210	All India Reporter - Lower Burma	Myanmar	12 Mar 1914	AsianLII		1
Robertson v Robertson	[1881] UKLawRpPro 36; 6 PD 119		United Kingdom	19 Jul 1881	CommonLII		25
66 IC 494	66 IC 494		United Kingdom				3
47 Bom 843	47 Bom 843		India - Maharashtra				2
Stc Croix v Ste C`0i	41 Cal 35		United States - California				2
Wilkinson v Wilkinson	30 Cal 48		United States - California				1
A v b	22 Bom 612		India - Maharashtra				1
Dwyer v Dwyer	6b IC 494		United Kingdom				1