RANJIT RAI RAJ Vs. CHITRA LEKHA

JUDGEMENT

(1.) This petition was referred to a larger Bench by P. N. Khanna, J.

(2.) The facts leading to the reference are that the petitioner-husband filed an application under Section 10 of the Hindu Marriage Act, 1955, (hereinafter to be called 'the Act') against the respondent-wife for judicial separation. The respondent filed an application under Section 24 of the Act claiming maintenance during the pendency of the proceedings and for expenses of litigation. The application of the respondent was contested by the petitioner on the basis of a judgment dated 21st April, 1972, passed by M. R. A. Ansari, J. in F.A.O. No. 12 of 1972. That was a case in which the inherent. jurisdiction of Courts in India was challenged. The appellant in that case was said to be not domiciled in the territory of India. On that submission it was contended in the said appeal that the courts in India had no jurisdiction to entertain the application under the Act. In that context M. R. A. Ansari, J. observed that the plea of domicile should be decided first.

(3.) In the instant case, the Sub Judge trying the petition distinguished the judgment of M. R. A. Ansari, J. on the ground that there was no question of lack of inherent jurisdiction in the present case. P. N. Khanna, J. considering that the question involved was of considerable importance and likely of common occurrence, referred the matter to my Lord the Chief Justice for constituting a larger Bench for an authoritative pronouncement. This is how the matter has come before us.