Section 35 in Bombay High Court Letters Patent, 1866
35. Matrimonial Jurisdiction. - And we do further ordain that the said High Court of Judicature at Bombay shall have jurisdiction within the Presidency of Bombay in matters matrimonial between Our subjects professing the Christian religion : Provided always that nothing herein contained shall be held to interfere with the exercise of any jurisdiction in matters matrimonial by any Court not established by Royal Charter within the said Presidency lawfully possessed thereof, power of single judges and division courts.
Power of Single Judges and Division Courts[36. Single Judges and Division Courts. - And we do hereby declare that any function, which is hereby directed to be performed by the said High Court of Judicature at Bombay in the exercise of its original or appellate jurisdiction, may be performed by any Judge or any Division Court thereof appointed for such purpose, in pursuance of section one hundred and eight of the Government of India Act, 1915, and if such Division Court is composed of two or more Judges, and the Judges and are divided in opinion as to the decision to be given on any point, such point shall be decided according to the opinion of the majority of the Judges, if there shall be a majority, but if the Judges should be equally divided they shall state the point upon which they differ and the case shall then be heard upon that point by one or more of the other Judges and the point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it.]Civil Procedure
