CHANDRAWATI Vs. L SURAJ NARAIN

JUDGEMENT

(1.) THIS appeal was filed on behalf of the plaintiff on 7-11-1946, against an order passed by the learned Civil Judge of Moradabad directing the return of the plaint for presentation to the proper court on the ground that the Court of the learned Civil Judge of Moradabad had no jurisdiction to entertain the suit.

(2.) THE plaintiff, Chandrawati, was married to Lala Suraj Narain in the year 1927 in Moradabad. She lived with her husband for a period of ten years and was thereafter turned out by her husband, who, it is alleged, had started illtreating her and had become a man of bad character. She started living with her mother-in-law but the mother-in-law died in 1943. The defendant, the husband of the plaintiff, had by then shifted to Delhi and the plaintiff went to Delhi to live with him but she was again turned out and she came back to Moradabad. In October, 1944, the defendant remarried. The plaintiff filed the suit, out of which this appeal has arisen, in the year 1946 claiming arrears of maintenance at the rate of Rs. 400/-per mensem, the claim being for Rs. 12,800/-, for return of certain ornaments valued at Rs. 10,000/-, and for future maintenance at the rate of Rs. 400/- per mensem. The suit was filed in 'forma pauperis'. The leave was granted by the learned Judge and the suit was registered.

(3.) IN the written statement the defendant took up the plea that as he was living in Delhi and the plaintiff had alleged that he had turned her out a second time when she went to Delhi to live with him, the cause of action must be deemed to have arisen in Delhi and the Moradabad court had, therefore, no jurisdiction.