RAM KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) List is revised. No one is present to press this application on behalf of the applicant. The case was adjourned and was taken up after lunch again. Counsel for the applicant is still not present. Sri A.S. Kapoor, learned counsel for the opposite party Is present. No rejoinder affidavit hat been filed in this case inspite of time being given on 14.8.1985 and 23-2-1987.

(2.) By this Criminal Misc. Transfer. Application Smt. Ram Kumari alias Polo has, prayed for transfer of the case No. 57 of 1983 (Subhash Chandra Gupta v. Smt. Ram Kumari) pending in he court of the Civil Judge, Jaunpur and Appeal No. 233 of 1983 (Subhash Chandra Gupta v. Smt. Ram Kumari) pending in the court of the District Judge, Jaunpur to District Ghazipur.

(3.) It is clearly mentioned in paragraph 8 of the affidavit that opposite party No.2. Subhash Chandra Gupta filed a suit for restitution of conjugal right and judicial separation before the Court of theCivil Judge, Jaunpur on 7.7.1983. The case was number as Case No. 57 of 1983 (Subhash, Chandra Gupta v. Smt. Ram Kumari). This suit was pending in the Court of the Civil Judge,Jaunpur. Thereafter the applicant Smt. Ram Kumari moved an application under section 24 of the, Hindu Marriage Act (here-in-after referred as the Act) for granting expenses before the Civil Judge, Jaunpur. The learned Civil Judge, Jaunpur granted expenses vide his order dated 28-9-83. Against the said order the opposite party No. 2, Subhash Chandra Gupta preferred an appeal before the District Judge, Jaunpur, which was numbered as Appeal No, 233 of 1983 (Subhash Chandra Gupta v. 8mt. Ram Kumari). According to the provision, of Hindu Marriage Act the right to file a suit for restitution of conjugal rights give under section 9 of the Act. Section 10 of the Act makes a provision for filing a suit for judicial separation. Jurisdiction and procedure for such suit is under section 19 of the Act, which reads as under19. Court to which petition should be made- Every petition under the Act shall be presented to the District Court within the local limits of whose ordinary original civil Jurisdiction the marriage was solemnized or the husband and wife reside or last resided together.