RAJINDER BHARDWAJ Vs. ANITA SHARMA

JUDGEMENT

(1.) [Ed. Facts : There were proceedings under H.M. Act in which wife was successful. Husband appealed to High Court. Appeal was heard and reserved for orders. Respdt. at this stage made an application u/S. 151, Civil Procedure Code . r.w. S. 27 of HM. Act saying that appellant had not given her Istridhan and he should be ordered to give same or its value amounting to more than Rs.2 lakh.] Judgment para 4 onwards is;-

(2.) I have given Careful consideration to the rival submission of the learned counsel for the parties and am of the considered opinion that this application raises serious disputed questions of facts, which cannot be decided in these appellate proceedings.

(3.) Under S. 19 of the Act 'Every partition Under the Act shall be presented to the District court Within the local limits of ordinary original civil Jurisdiction (i) the marriage Was solemnized, or (ii) the respondent at the time of the presentation of the petition resides, or (iii) the parties to the marriage last resided together, 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 the Act extends, of has not 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 There is no dispute that the district court has jurisdiction in the matter. There cannot be any dispute also that the petition u/S. 27 of the Act filed by the respondent-applicant can also be tried by the district court u/S. 19 of the Act.