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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     1

Cases Referring to this Case

Case Name	Citation(s)	Court	Jurisdiction	Date †	Full Text		Citation Index
H J Hewitt v Mrs H J Hewitt (a) Ma Yan	[1950] BurLawRp 73; [1950] BLR (SC) 202	Burma Law Reports	Myanmar	19 Jun 1950	AsianLII