NISHA RAJ Vs. DR. PAUL MOHAN RAJ

JUDGEMENT

(1.) THE petitioner is assailing the order dated 09.12.2011 passed in MC No. 787/2007, which is impugned at Annexure -A to the petition. The undisputed facts are that the petitioner herein is the wife of the respondent and they have two major children. At this juncture, due to certain marital discord, the respondent has filed the petition in MC No. 787/2007 under Section 10(1)(ix) and (x) of the Indian Divorce Act before the Family Court at Bangalore. The petitioner herein has filed objection statement to that petition. In addition, the petitioner has also filed an application under Order 14 Rule (2) of CPC praying that the maintainability of the petition be considered as a preliminary issue. The application has been rejected by the impugned order.

(2.) THE contention on behalf of the petitioner is that the marriage of the petitioner and the respondent had not taken place in Bangalore nor have they last resided in Bangalore, so as to enable the respondent to present the petition before the Family Court at Bangalore as late as in the year 2007. It is contended that the petitioner and the respondent had resided in Dehra Dun as husband and wife. The respondent though moved to Bangalore, he had come alone and the petitioner had not joined him to set up marital home. It is therefore contended that Court below was not justified in its conclusion.

(3.) IN the light of the rival contentions, the position of law that the petition of the present nature could be instituted in the Court of the District Judge in whose jurisdiction the marriage was solemnized or where the husband and wife resided or last resided together cannot be in dispute.