RENU GAUTAM Vs. RAJEEV MANDARWAL

JUDGEMENT

(1.) The instant appeal has been preferred against the order dated 24.10.2019, passed in Original Suit No.343 of 2019 Rajeev Mandrawal vs. Smt. Dr. Renu Gautam by the Principal Judge, Family Court, Dehradun (for short "the Case"). By the impugned order, an application 19-C filed by the appellant has been rejected by which it was requested that an issue with regard to jurisdiction of the court may be framed.

(2.) Learned counsel for the appellant would argue that in a petition seeking divorce filed under Section 13 of the Hindu Marriage Act, 1955 (for short the "Act") by respondent, the appellant took specific plea in paragraph 40 of the written statement that the parties never resided in Dehradun; they did not marry in Dehradun, therefore, the Court at Dehradun has no jurisdiction to hear and try the petition. It is argued that in order to frame an issue with regard to jurisdiction of the Court, an application 19-C was moved by the applicant. On the basis of the pleadings an issue with regard to the jurisdiction ought to have been framed but the application has wrongly been rejected, therefore, it is argued that the impugned order may be set aside and the appeal be allowed.

(3.) This appeal is being heard and disposed of at the admission stage itself. It has been brought to the notice by the learned counsel for the appellant that issues have already been framed in the case, but the issue relating to jurisdiction, as pleaded in paragraph 40 of the written statement by the appellant has not been framed.