LAWS(KAR)-1963-4-1

MCLARANCE Vs. MRAICHEAL AND

Decided On April 11, 1963
M.CLARANCE Appellant
V/S
M.RAICHEAL Respondents

JUDGEMENT

(1.) I agree with the conclusions arrayed at by my learned brother Mir Iqbal Husain, J., on all the questions arising in this case and with the proposed order dismissing the petition. As some of the points involved are of great importance, I am adding the following observations:

(2.) The question of jurisdiction of the Court in which the petition was filed is one of some difficulty. It may also be mentioned that the petition itself does not contain any averment as to the place of residence of either party with reference to the jurisdiction of the Court. The Petitioner (husband) is, however, described as residing at Vaniambadi in North Arcot District, Madras State, and Respondent-I (wife) is stated to be a school mistress in Robertsonpet, Kolar Gold Fields, which is within the territorial jurisdiction of the District Court, Bangalore, to which the petition was present.

(3.) Under Section 10 of the Indian Divorce Act a petition for dissolution of marriage has to be presented to the District Court or the High Court. Section 3(1) of the Act, while defining 'High Court', says: