GARIMA Vs. RAHUL PRADHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This appeal has been preferred against the order dated 15.10.2016 passed in Marriage Petition No. 970 of 2015: Rahul Pradhan Vs. Garima Pradhan, by learned Additional District and Sessions Judge/F.T.C. Court No. 2, Ghaziabad, rejecting the application dated 24.8.2016 (32Ga2) holding that the court has jurisdiction to dispose of the case.

(3.) The brief facts of the case are that the plaintiff-respondent filed a divorce petition before learned court below under Section 13 of Hindu Marriage Act. The appellant-defendant gave an application (32-ga) stating that both the parties lived together in Ghaziabad till 2013. They lastly resided thereafter in Kashganj. In June 2013, the plaintiff-respondent went to Philippines and appellant-defendant stayed with her in-laws in her matrimonial house. From 11.10.2014 to 30.12.2014, the appellant had to go to Philippines and the ticket and Visa was arranged by the plaintiff-respondent himself. Thereafter, the plaintiff left her in Delhi to live with her brother and the expenses were given to her by the plaintiff. Again for going to Philippines, plaintiff arranged ticket and Visa of appellant from 27.4.2015 to 30.5.2015 and during this period, she lived in Philippines. Till 02.6.2015, both the husband and wife lived in Delhi, thereafter the plaintiff-respondent left her to her parents in Kashganj on 03.6.2015 and came back to his house in Kashganj. Therefore, the court has got no jurisdiction to try the suit.