HASEEN BANO Vs. MOHAMMAD HUSAIN

JUDGEMENT

(1.) THE petitioner, who is respondent no. 1 in a suit for restitution of conjugal rights filed by opposite party no. 1 has challenged in this petition the decision of the trial court and the revisional court on the preliminary issue relating to the question of jurisdiction.

(2.) THE petitioner was married with opposite party no. 1 on 1st June, 1981 at village Ludiyawan, pargana and tahsil Musafir khana, district Sultanpur. THE petitioner came to the house of opposite party no. 2 in village Jatua Tappa Bijhwan, pargana, tahsil and district Rae Bareli. THE next day, i.e. on 2nd June, 1981 petitioner came back and did not thereafter go to her husband's house to perform marital obligations. THE opposite party no. 1 then filed a suit for restitution of conjugal rights in the court of Munsif, Rae Bareli in which the petitioner was impleaded as defendant no. 1 and her brothers, Mohammad Iqbal Khan and Mohammad Irshad Khan, were impleaded as defendants nos. 2 and 3. It was pleaded in para 6 of the plaint that defendants nos. 2 and 3 reside in Rae Bareli and carry on their transport business in that city. This is not denied in the written statement. It has further been pleaded in paras 8 and 9 of the plaint as under :-

(3.) I have heard the learned counsel for the parties. Section 20 of the Code of Civil Procedure provides as under :- " 20. Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction- (a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain ; or (b) any of the defendants, where there are more than one, at time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the court is given or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises. An analysis of the provisions of Section 20 quoted above would show that suit can be filed (i) at the place where the defendant lives or carries on business or works for gain ; (ii) where there are several defendants living or carrying on business or working for gain at different places, the suit can be filed at the place of any of the defendant provided leave of the Court is obtained for the institution of the suit or other defendants acquiesces in such institution and (iii) at the place where the cause of action wholly or in part has arisen.