Judgment M. Y. Eqbal, J.-The instant appeal has been filed against the judgment and decree dated 9.6.2006 passed by District Judge, Palamau at Daltonganj in Matrimonial Case No. 3 of 2004 whereby a petition for divorce filed by the appellant under Section 13( 1 )(ib) of the Hindu Marriage Apt has been dismissed. 2. As per Jharkhand High Court Rules these appeals were placed for hearing before a learned Single Judge. Taking notice of the provisions of Section 19(6) of the Family Courts Act the learned Single Judge, by order dated 31.7.2008, referred the matter to the Division Bench for deciding the question as to whether an appeal filed under Section 28 of the Hindu Marriage Act is to be heard by a Division Bench or a Single Judge. The order dated 31.7.2008 reads as under:- "Mr. V. Shivnath appearing for the appellant submitted that only because Family Court is not constituted in some districts, an anomalous position has arisen. From the judgments passed by the Family Courts arising out of the suits under the Hindu Marriage Act, appeal lies before the Division Bench as per Section 19(6) of the Family Courts Act read with Rule 34(3)(c) of the Jharkhand High Court Rules. Whereas from the judgments passed in the suits arising out of the Hindu Marriage Act, by the District Judge, where the Family Courts have not been constituted, the appeal is listed before the Single Judge. The period prescribed for filing appeal is also different i.e. 30 days and 90 days. He further submitted that the intention behind enactment of the Family Courts Act is that the matrimonial disputes be decided expeditiously which will appear from the curtailment of period of limitation and an extra forum of appeal before the Single Judge. Learned members of the Bar submitted that there is no authoritative decision on this point. In the circumstance, let this appeal be placed before appropriate Division Bench to decide the following question "whether an appeal filed under Section 28 of the Hindu Marriage Act is to be heard by a Division Bench or learned Single Judge" As prayed for, let FA No. 18 of 2005 be also listed with this appeal." 3. In the circumstance, let this appeal be placed before appropriate Division Bench to decide the following question "whether an appeal filed under Section 28 of the Hindu Marriage Act is to be heard by a Division Bench or learned Single Judge" As prayed for, let FA No. 18 of 2005 be also listed with this appeal." 3. Hence this appeal has been placed before this Bench for deciding the question with regard to anomaly existing in between the provisions of Section 19 of the Family Courts Act and Section 28 of the Hindu Marriage Act vis-a-vis Rule 34(3)(c) of the Jharkhand High Court Rules. 4. Hindu Marriage Act, 1955 was enacted by the Parliament which amended and codified Hindu Law relating to marriage among Hindus. The Act was extended to the whole of India except the State of Jammu & Kashmir and also applies to Hindus domiciled in the territories to which this Act extends who are outside the said territories. Section 9 of the Act deals with restitution of conjugal right. According to this Section, either the husband or wife has been given right to make an application to the District. Court for restitution of conjugal right on the ground that either of the two, without reasonable excuse withdraw from the society of the other. Section 10 of the Act also gives right to either party to present a petition to the District Court for a decree of judicial separation on any of the grounds specified in sub-sections (1) and (2) of Section 13 of the Act. Section 13 deals with the right of the parties to make an application for a decree of divorce on various grounds enumerated therein. 5. Section 3(b) of the Act defines the word "District Court" which reads as under:- "District Court" means, in any area for which there is a City Civil Court, that Court, and in any other area the principal Civil Court of original jurisdiction, and includes any other Civil Court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act." 6. Section 19 of the Hindu Marriage Act deals with jurisdiction and procedure for presenting any petition under the Act. Section 19 reads as under:- "19. Section 19 of the Hindu Marriage Act deals with jurisdiction and procedure for presenting any petition under the Act. Section 19 reads as under:- "19. Court to which petition shall be presented.-Every petition under this Act shall be presented to district Court within the local limits of whose ordinary original civil jurisdiction- (i) the marriage was solemnized; or (ii) respondent at the time of presentation of the petition, resides; or (iii) the parties to the marriage last resided together; or [(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or] (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive." 7. The aforesaid section was recasted in 1976 by Hindu Laws (Amendment) Act, 1976. Prior to the amendment the petition under the Act was only to be presented to the District Court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the parties resides or last resided together. According to this provision prior to amendment the parties to marriage were forced to submit to the jurisdiction of the Court where the marriage was solemnized or they last resided together. On the recommendation of the Law Commission a new provision was inserted by the aforesaid amendment which authorizes filing of a petition in the Court within whose jurisdiction the respondent is residing. As a matter of fact, the provisions of Section 20 of the Code of Civil Procedure have been brought into the effect by making amendment in Section 19 of the Act. 8. As noticed above, the word 'District Court' has been defined in Section 3(b) of the Act. City Court is the Distinct Court in the area where there is a City Court. In any other area the 'District Court' means the principal Court of original jurisdiction in the district. 9. Section 21 of the Act provides that all proceedings under the Act shall be regulated as far as may be, by the Code of Civil Procedure, 1908. City Court is the Distinct Court in the area where there is a City Court. In any other area the 'District Court' means the principal Court of original jurisdiction in the district. 9. Section 21 of the Act provides that all proceedings under the Act shall be regulated as far as may be, by the Code of Civil Procedure, 1908. However, that shall be subject to such rules as the High Court may make in this behalf. Section 28 of the Act lays down the provision of appeal from the decrees and orders passed under the Act. Section 28 reads as under:- "Appeals from decrees and orders.-(1) All decrees made by the Court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction. (2) Orders made by the Court in any proceeding under this Act under Sec. 25 or Sec. 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction. (3) There shall be no appeal under this section on the subject of costs only. (4) Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order." 10. The aforesaid provision was also recasted in 1976 by Marriage Laws (Amendment) Act 1976. Now under this Section all the decrees made by the matrimonial courts except on the subject of cost, are appealable. Appeal under Section 28 of the Act lies only where there is a decree against a party and not against an interlocutory order. 11. In exercise of power under Sections 14 and 21 of the Hindu Marriage Act, 1955 the High Court of Patna (parent High Court) framed Rules called 'Hindu Marriage (Patna High Court Rules) vide notification dated 23rd July, 1957. Rule (ii) defines the word Court which means the Court mentioned in Section 3(b) of the Act. 11. In exercise of power under Sections 14 and 21 of the Hindu Marriage Act, 1955 the High Court of Patna (parent High Court) framed Rules called 'Hindu Marriage (Patna High Court Rules) vide notification dated 23rd July, 1957. Rule (ii) defines the word Court which means the Court mentioned in Section 3(b) of the Act. Rule 23 of the said Rule provides that the appeals under the Act shall be governed by the relevant Rules of Patna High Court General Rules, Circular and Orders. Rule 23 reads as under:- "23. Appeals under the Act shall be governed by the relevant rules in the Patna High Court General Rules and Circular Orders, or by the Rules of the High Court at Patna, as the case may be, so far as they may be applicable." 12. Now I shall deal with some of the provisions of the Family Courts Act, 1984. Family Courts Act, 1984 was enacted on the basis of Law Commission's 59th Report (1984) and the demand made by several associations of women for establishment of Family Courts for dealing with the disputes concerning the families. Emphasis was given on conciliation. The Act was enacted as a special statute to settle family disputes by a procedure other than those contained in various matrimonial and other laws. The Act made it obligatory on the State Government to set up Family Courts in every city or town with a population exceeding one million and conferred jurisdiction to the family courts to deal with all matters relating to family disputes. Section 4 of the Act confers power to the State Government to appoint, with the concurrence of the High Court, one or more person to be Judge or Judges of the Family Court. A Family Court has been conferred power under Section 7 to exercise all jurisdiction exercisable by any district Court or any subordinate Court under any law for the time being in force in respect of suits and proceedings and such courts shall be deemed to be District Court. Section 7 is worth to be quoted herein below:- "7. A Family Court has been conferred power under Section 7 to exercise all jurisdiction exercisable by any district Court or any subordinate Court under any law for the time being in force in respect of suits and proceedings and such courts shall be deemed to be District Court. Section 7 is worth to be quoted herein below:- "7. Jurisdiction.-(1) Subject to the other provisions of this Act, a Family Court shall- (a) have and exercise all the jurisdiction exercisable by any District Court or any subordinate Civil Court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation; and (b) be deemed, for the purpose of exercising such jurisdiction under such law, to be a District Court or, as the case may be such subordinate Civil Court for area to which the jurisdiction of the Family Court extends. Explanation.- The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature namely:- (a) A suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;. (b) A suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person; (c) A suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them; (d) A suit or proceeding for an order or injunction in circumstances arising out of a marital relationship; (e) A suit or proceeding for a declaration as to the legitimacy of any person; (f) A suit or proceeding for maintenance; (g) A suit or proceeding in relation to the guardianship of the person or the custody of, or access to any minor." 13. Section 19 is relevant for the purpose of deciding the question referred to this Bench which deals with the provisions of appeal. Section 19 reads as under:- "19. Section 19 is relevant for the purpose of deciding the question referred to this Bench which deals with the provisions of appeal. Section 19 reads as under:- "19. Appeals.-(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order of a Family Court to the High Court, both on facts and on law. (2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties (or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974): Provided that nothing in this subsection shall apply to .any appeal pending before a High Court on any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court. (4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an -order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order not being an interlocutory order, and as to the regularity of such proceeding. (5) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, order or decree of a Family Court. (6) An appeal preferred under subsection (1) shall be heard by a Bench consisting of two or more Judges." 14. Section 21 of the Family Courts Act confers power to the High Court to frame Rules as it may deem necessary for carrying out the purposes of the Act. In exercise of that power the High Court of Jharkhand framed Rules called 'Family Courts (Jharkhand High Court) Rules, 2004 which was published by notification dated 20th July, 2004. 15. Section 2(d) defines the word 'Court' which means the Family Court established under Section 3 of the Act. In exercise of that power the High Court of Jharkhand framed Rules called 'Family Courts (Jharkhand High Court) Rules, 2004 which was published by notification dated 20th July, 2004. 15. Section 2(d) defines the word 'Court' which means the Family Court established under Section 3 of the Act. Rules 25 provides that appeal under Section 19( 1) of the Act shall be in the manner of appeals against the original decree or order in other proceedings but there shall be no Court fee payable for the appeal. Rules 37, 38 and 39 are worth to be quoted herein below:- "37. Control of High Court.-Every Principal Judge, and Judge of Family Court shall be under administrative and disciplinary control of the High Court. 38. Power of High Court to transfer Judges, officers etc. without prejudice to the administrative and disciplinary control of the High Court under Rule 12, such Court or a Judge thereof authorized under general or special order in this behalf by such Court, may where it is considered necessary or expedient so to do, transfer any Principal Judge Additional Judge, Judges or any officer or ministerial official of one Family Court to another Family Court in this state or transfer such Principal Judge, Additional Judges, officer or ministerial official, as the case may be and every such Principal Judge, Additional Judge or Judge, official or ministerial official shall comply. 39. Power of High Court to issue directions.-For carrying out the purposes of the Act and for ensuring the uniformity of practice to be observed by Family Courts and for expeditious disposal, the High Court may from time to time, supervise and inspect the Family Courts and issue directions/circulars etc. to the Family Courts." 16. From perusal of the aforesaid rules it is manifestly clear that every Principal Judge and the Judge of the Family Court shall be under the administrative and disciplinary control of the High Court. The High Court has been vested with the power to transfer Judges and officers of the Family Courts from one place to another place where it is considered necessary or expedient to do so and shall issue necessary direction ensuring uniformity of direction to be observed by the Family Court for expeditious disposal of the cases. 17. The High Court has been vested with the power to transfer Judges and officers of the Family Courts from one place to another place where it is considered necessary or expedient to do so and shall issue necessary direction ensuring uniformity of direction to be observed by the Family Court for expeditious disposal of the cases. 17. Before deciding the question referred to this Bench as to whether appeal filed under Section 28 of the Hindu Marriage Act is to be heard by a Division Bench or by a Single Bench, we would firstly like to consider the question of limitation also as because learned Single Judge, in the reference order, has noticed that the period prescribed for filing appeal in the two Acts is also different i.e. 30 days and 90 days. Section 28(4) of the Act, as it stood prior to 2003, the limitation prescribed for preferring appeal against the decree was 30 days from the date of the decree. The question of 30 days' limitation for filing appeal' came for consideration before the Supreme Court in the case of Savitri Pandey vs. Prem Chandra Pandey (2002)2 SCC 73 . Their Lordships observed that limitation of 30 days prescribed for filing appeal under Section 28(4) of the Act is not adequate and held that a minimum period of 90 days may be prescribed for filing appeal against the judgment and decree passed under the Act. Accordingly, their Lordships directed the Registry to forward a copy of the said judgment to the Ministry of Law & Justice for doing the needful. Para-19 of the said decision is quoted hereinbelow:- "19. At this stage we would like to observe that the period of limitation pre- scribed for filing the appeal under Section 28(4) is apparently inadequate which facilitates the frustration of the marriages by the unscrupulous litigant spouses. In a vast country like ours, the powers under the Act are generally exercisable by the District Court and the first appeal has to be filed in the High Court. The distance, the geographical conditions, the financial position of the parties and the time required for filing a regular appeal, if kept in mind, would certainly show that the period of 30 days prescribed for filing the appeal in insufficient and inadequate. The distance, the geographical conditions, the financial position of the parties and the time required for filing a regular appeal, if kept in mind, would certainly show that the period of 30 days prescribed for filing the appeal in insufficient and inadequate. In the absence of appeal, the other party can solemnize the marriage and attempt to frustrate the appeal right of the other side as appears to have been done in the instant case. We are of the opinion that a minimum period of 90 days may be prescribed for filing the appeal against any judgment and decree under the Act and any marriage solemnized during the aforesaid period be deemed to be void. Appropriate legislation is required to be made in this regard. We direct the Registry that the copy of this judgment may be forwarded to the Ministry of Law and Justice for such action as it may deem fit to take in this behalf." 18. Pursuant to the said observation of the Supreme Court, Section 28(4) of the Act was substituted by Act 50 of 2003 and the limitation of 30 days has been made 90 days. Hence, now under the Hindu Marriage Act, the limitation prescribed for preferring appeal is 90 days from the date of the decree. However, under the Family Courts Act, the limitation prescribed for filing appeal under Section 19(3) of the Family Courts Act, as it exists today, is 30 days from the date 'of judgment or order of the Family Courts. 19. In our opinion, the litigants will face the same difficulty because of distance, geographical condition, and the financial position of the parties for preferring appeal within such a short period of 30 days. Besides that, it will create great anomaly in between the period presented for preferring appeal under the Hindu Marriage Act and under the Family Courts Act. The period prescribed under Section 19(3) of the Family Courts Act for preferring appeal should also be made 90 days. In the Family Courts Act also, appropriate amendment is required to be made with regard to the limitation prescribed for preferring appeal. 20. The question referred by the learned Single Judge is as to whether appeal is to be heard by a Division Bench or by a Single Judge against the judgment and decree passed under Section 13 of the Hindu Marriage Act. 20. The question referred by the learned Single Judge is as to whether appeal is to be heard by a Division Bench or by a Single Judge against the judgment and decree passed under Section 13 of the Hindu Marriage Act. As noticed above, a decree of divorce passed on the ground incorporated under Section 13 of the Hindu Marriage Act is appeasable in accordance with the provisions contained in Section 28 of the Act. The Rules framed under Hindu Marriage Act categorically provide that appeals filed under the Acts shall be governed by relevant Rules of the Patna High Court, General Rules, Circulars and Orders. Sub-section (2) of Section 28 makes it clear that such appeal shall lie to the Court to which appeals ordinarily lay from the decision of the Court in exercise of original civil jurisdiction. It is, therefore, manifestly clear that according to the provisions of Hindu Marriage Act and the Rules framed thereunder, appeals lay before the High Court like an ordinary appeal and it is to be heard by a Single Judge. However, in the Family Courts Act, it has been specifically provided under Section 19(6) that appeal against the decree passed by Family Court shall be heard by two or more Judges of the High Court. 21. Considering these provisions under these two different Acts, the Jharkhand High Court Rules has accordingly been framed. For better appreciation, Rules 33 and 34 of the Jharkhand High Court Rules, 2001 are worth to be quoted herein below:- "Single Judge 33. The following matters be heard and disposed of by a Single Judge:- (i)(a) Appeal from an order and any cross-objection therein, (b) First Appeal from an original decree 'arising out of a suit and any cross-objection therein. (ii) Second Appeal from a decree or order and any cross-objection therein. (iii) A motion to admit an application and an application when admitted. (a) For an order under Section 22 or Section 23 of the Code or for an order under Section 24 of the Code for the transfer of a case; (b) Under Section 115 of the Code or under Section 25 of the Provincial Small Causes Courts Act. (c) Under Order XLIV Rule 1 of the Code arising out of an appellate decree. (iv) A suit coming before the Court in the exercise of its ordinary or extraordinary original civil jurisdiction. (c) Under Order XLIV Rule 1 of the Code arising out of an appellate decree. (iv) A suit coming before the Court in the exercise of its ordinary or extraordinary original civil jurisdiction. (v) A proceeding under the Indian Companies Act, 1956, the Indian Trusts Act, 1882 or the Indian Patents and Designs Act, 1911. (vi) Any other application- (a) which under these rules may be made to a Judge sitting alone; (b) which under these rules is not expressly required to be made to a Bench of two or more Judges or to the Registrar General; (c) which is made in any matter within the jurisdiction of a Judge sitting alone and which is not otherwise expressly provided for. (vii) A case coming before the Court in the exercise of its ordinary or extraordinary original criminal jurisdiction, except the cases under Section 15 of the Contempt of Courts Act, 1971. (viii) Cases under Representation of Peoples Act, 1951 (on nomination by the Chief Justice). (ix) Company matters, Probate and Letters of Administration matters of original jurisdiction (on nomination by the Chief Justice). (x) Appeal and Reference under the Trade Marks Act, 1940. (xi) All writ petitions under Article 226 or 227 of Constitution, except those provided hereunder. Division Bench 34. The following matters may be heard and disposed of by Division Bench:- (1) All appeals under Clause 10 of the Letters Patent against judgments of Single Judges. (2) All writ petitions:- (a) relating to public interest litigation; (b) where vires or validity of an Act of Legislature or any subordinate legislation is under challenge; (c) relating to taxation matters; (d) against the judgments of tribunals constituted under Articles 323-A and 323-B. of the Constitution of India. (3) Other matters:- (a) All matters which, by any law or any judgment having of law are required to be heard by Division Bench; (b) All matters which are referred to a Division Bench; (c) All appeals against the judgments and decrees passed by Family Courts under Section 19 of the Family Courts Act. 1984: (d) Miscellaneous Appeals arising out of an award passed under the Motor Vehicles Act, 1988 or the Workmen's Compensation Act, 1923." 22. 1984: (d) Miscellaneous Appeals arising out of an award passed under the Motor Vehicles Act, 1988 or the Workmen's Compensation Act, 1923." 22. On reading of clause (c) of sub-rule (3) of Rule 34, it is clear that all appeals against the judgment and decree passed by the Family Court under Section 19 of the Family Courts Act shall be heard and disposed of by Division Bench. There is nothing specific in the Rule as to which Bench, a Single Bench or a Division Bench, will hear and dispose of the appeal against the decree passed under the Hindu Marriage Act. Since the decree passed under Hindu Marriage Act shall be treated as a decree passed by the Court having original civil jurisdiction following the procedures and practice, it will be heard and disposed of by a Single Bench as contemplated in Rule 33 of the said Rules. 23. In the State of Jharkhand, there are altogether 22 District Courts and out of 22 Districts, Family Courts have been established and are functioning in only 5 districts, namely, Ranchi, Jamshedpur, Dhanbad, Bokaro and Hazaribagh. Establishment of Family Courts has also been notified in two more districts, namely, Deoghar and Giridih. In rest of the districts, Matrimonial Suits are being filed and decided by the District Judge being the District Courts. The judgments and decrees passed by the District Court in matrimonial suits like suit for judicial separation, restitution of conjugal rights and for divorce under the Hindu Marriage Act are appeallable in the High Court. But, under the High Court Rules, these appeals are placed for hearing before a Single Judge whereas all decrees passed in matrimonial suits decided by Family Courts are also appeallable in the High Court but those appeals are placed for hearing before the Division Bench. Normally, a senior most Judicial Officer in the cadre of District Judges is posted as a District Judge in the district. Other Judicial Officers in the cadre of District Judges are normally posted in the Family Courts established under the Family Courts Act. Both the District Judges and the Family Court Judges decide matrimonial suits for restitution of conjugal rights, for judicial separation and for divorce, one by following the procedure provided in the Code of Civil Procedure and another, by applying the procedures provided under the-Family Courts Act. Both the District Judges and the Family Court Judges decide matrimonial suits for restitution of conjugal rights, for judicial separation and for divorce, one by following the procedure provided in the Code of Civil Procedure and another, by applying the procedures provided under the-Family Courts Act. But, in the suits filed before these two forums, the parties have to establish the grounds prescribed under the Hindu Marriage Act for obtaining a judgment and decree. In such circumstances, it has created an anomalous position by conferring jurisdiction to the Single Bench and Division Bench of the High Court for hearing and deciding the appeal merely because judgment and decrees have been passed by the two different courts, al. though on the same grounds. 24. Notwithstanding the provisions contained in Rules 33 and 34 of the Jharkhand High Court Rules 2001, it is the exclusive prerogative of the Chief Justice to place any matter before a Single Judge or a Division Bench. In this regard Rules 41, 42 and 43 are worth to be quoted herein below. 41. When in an appeal in any civil matter heard by a Bench of two Judges, a difference of opinion arises between them on a point of law, if either of the Judges desire that the appeal be referred, it shall be referred to and heard and determined by such Judge or Judges as the Chief Justice may appoint. The appeal shall be re-argued before the Judge or Judges to whom it is so referred either sitting apart from or with the referring Bench as the Chief Justice directs. 42. Save as provided by law or by these Rules or by an. order of the Chief Justice, every other case shall be heard by a Bench of two Judges. 43. Subject to the provision of these Rules, the Chief Justice shall direct what case or classes of cases shall be placed before each Judge or Bench." 25. From the aforementioned Rule it is, therefore, clear that constitution of Bench is the prerogative of the Hon'ble Chief Justice and further which appeal or application shall be heard by which Bench (Single Bench or Division Bench) shall also be decided by the Hon'ble Chief Justice in order to maintain uniformity in the hearing of the similar matter. 26. From the aforementioned Rule it is, therefore, clear that constitution of Bench is the prerogative of the Hon'ble Chief Justice and further which appeal or application shall be heard by which Bench (Single Bench or Division Bench) shall also be decided by the Hon'ble Chief Justice in order to maintain uniformity in the hearing of the similar matter. 26. In the case of "Rajendra Prasad Jain vs. Sheel Bhadra Vajee and Others" [1967 BLJR 718(SC)], the question with regard to constitution of Bench in the High Court came for consideration before the Supreme Court. The fact of the case was that an election petition was filed challenging the election of the Legislative Assembly of Bihar on the ground of corrupt practices. The Election Tribunal after full trial elf the petition held that the corrupt practice and giving bribe was proved. The appeal was filed before the Patna High Court. In the High Court, when appeal was heard by a Division Bench, one member, Mahapatra, J. held that none of the allegations of payment of bribe or of offer of bribe had been proved and was of the view that appeal should be allowed. Other member, Ramratna Singh, J. disagreed with the view of Mahapatra, J. Owing to this difference of opinion, two learned Judges directed that the case may be placed before the Hon'ble Chief Justice for reference on the point of difference to another Bench under Article 28 of the Letters Patent. Under the direction of the Chief Justice, the appeal came up before U.N. Sinha, J. who in both cases agreed with the view taken by Ramratna, J. and consequently in accordance with the view of the majority, the Court ultimately dismissed the appeal holding that the offer of bribe by the appellant had been proved. The appellant moved to Supreme Court under certificate granted by the High Court at Patna against the judgment of that Court. A question of law raised was that the Division Bench of the Patna High Court which first heard appeal and made a direction that case is to be placed before the Chief Justice for reference on the point of difference to another Bench and consequently, reference made, subsequently, by the Chief Justice to a Single Judge was competent. A question of law raised was that the Division Bench of the Patna High Court which first heard appeal and made a direction that case is to be placed before the Chief Justice for reference on the point of difference to another Bench and consequently, reference made, subsequently, by the Chief Justice to a Single Judge was competent. It was urged that use of expression "another Bench" in the referring order meant that case had to be laid by the Chief Justice before a Bench of two or more Judges and not before a Single Judge. Rejecting the submission the Supreme Court held: "In fact, it is well known that, when referring to Judges of the High Court sitting to decide a case, the expression frequently used are Single Bench and Division Bench. The word "Bench" used in the referring order, even it its ordinary connotation, would, therefore, include a single Judge. The second aspect is that the order of reference mentions that the case is to be placed for reference under Art. 27 of the Letters Patent. Art. 28 of the Letters Patent lays down that, in such circumstances, the case is to be referred to one or more of the other Judges of the High Court. This reference to Art. 28 of the Letters Patent also thus clarifies that under the order or reference made by the Division Bench which first heard the appeal, the case was intended to be placed before the Chief Justice for reference to one or more of the other Judges of the Court. Further, under the Rules of the High Court at Patna, the Chief Justice had the discretion to decide whether a case placed before him under Art. 28 of the Letters Patent should be heard by one Judge or more Judges than one, and this power of the Chief Justice was actually exercised when, in this case, he directed that the case be laid before U.N.Sinha, J. The reference to U.N. Sinha, J. and his decision were, therefore, not incompetent." 27. After giving our anxious consideration of the provisions of the two Acts discussed herein before, we are of the definite view that having regard to the provisions contained under Section 19(6) of the Family Courts Act, appeals filed in the High Court against the judgment and decree passed by the District Courts where Family Courts have not been established, are also to be heard by Division Bench and not by a Single Judge. In that view of the matter, Rule 34 of the Jharkhand High Court Rules needs certain amendment by incorporating that the appeals arising out of judgments and decrees passed by the District Courts under Hindu Marriage Act shall also be heard and disposed of by the Division Bench. 28. The question referred by the learned Single Judge is answered accordingly. The Registry of the High Court is directed to place this matter before the Hon'ble the Chief Justice for referring it to the Full Court for necessary amendments in Rule 34 of the Jharkhand High Court Rules. The Registry is also directed to send a copy of this judgment to the Ministry of Law and Justice for such action as it deem fit in the matter of limitation prescribed for preferring appeal. Jaya Roy, J.-I agree.