P M BAKSHI Vs. SHIKHA BAKSHI

JUDGEMENT

(1.) This civil revision is directed against an order dated 11th July, 1986, of Shri S. M. Aggarwal, Additional District Judge, Delhi by which he had given a finding that Delhi courts have jurisdiction to try the suit brought by Smt. Shikha Bakshi for recovery of maintenance.

(2.) The facts, in brief, leading to the filing of the petition are that parties were married in accordance with Hindu rites, admittedly, at Delhi in Rana Pratap Bagh. It is also not disputed that they resided together as husband and wife outside Delhi. The desertion of the plaintiff Smt. Shikha Bakshi also took place outside Delhi. She has sought recovery of Rs. 2,0001- per mensem as maintenance from her husband with effect from 1st October 1982, onwards.

(3.) The suit has been contested by the petitioner-defendant, inter-alia, on the grounds that Delhi courts have no territorial jurisdiction to try the suit inasmuch as no part of the cause of action has arisen at Delhi and defendant-petitioner is also not resident of Delhi. Following preliminary issue was framed :-