S RAJESHWAR Vs. R KARTHIYEGAN

JUDGEMENT

(1.) RESPONDENT wife in matrimonial case No. 134/2002 on the file of the First Addl. Family Judge, Bangalore is the petitioner in this writ petition being aggrieved by the order passed by the First Addl. Family Judge, Bangalore holding that the said Court has jurisdiction to entertain the matrimonial petition that had been presented by the petitioner husband before that Court seeking for dissolution of the marriage between the parties and for a decree of divorce.

(2.) THE respondent wife in the matrimonial case had filed an application IA IV praying for dismissal of the petition as not maintainable. The case as set up in the application is that the Family Court at Bangalore does not have jurisdiction to entertain the matrimonial petition filed by the husband, that the marriage of the parties had been solemnized at Chennai, that couple last lived together at Milpitas, California in United States of America, that after separation, the wife against whom the petition had been filed is now living in Chennai and as such the Court at Bangalore has no jurisdiction to entertain the petition.

(3.) THE application was opposed by the petitioner before the Court below. It was inter alia asserted that immediately after the marriage at Madras the parties came to Bangalore and resided together for a while and as such the petition presented under Section 13 of the Hindu Marriage Act is tenable. The learned Judge of the Family Court having heard the arguments of the learned counsel for the parties was of the view that the circumstances indicated that the parties had briefly stayed at Bangalore and the Court at Bangalore had jurisdiction as indicated in Section 19 of the Hindu Marriage Act and as such dismissed the application filed by the wife. It is aggrieved by this order the present writ petition has been filed in the absence of any other remedy.