SUSHIL KUMAR KULSHRESTHA Vs. SADHANA

JUDGEMENT

(1.) Sri U. K. Saxena appears for defendant - revisionist, Sri S. N. Singh appears for plaintiff-respondent. As agreed upon by the parties counsel, this revision is being finally disposed of at the stage of admission itself.

(2.) Smt. Sadhna has filed matrimonial Petition No. 273 of 1998 for divorce against her husband Sushil Kumar Kulshreshtha before the Civil Judge (Senior Division). Dehradun. She is at present residing at Dehradun. Her husband Sushil Kumar Kulshrestha is a resident of Aligarh. The marriage between the parties admittedly look-place at Haridwar. In the plaint, there was allegation that husband and wife lived together at Aligarh and that on 3rd June. 1997, she, her brother, her mother-in-law and her husband's brother and sister left her at her brother's house at Haridwar and from there, she went to Dehradun and then lived there : that on 9th June, 1997, the husband came at her mother's house and after living there with her for 2-3 days, he beat her and left her and went away and since then she is living at Dehradun with her mother. It is claimed in the matrimonial petition that the Court at Dehradun had jurisdiction from this last residing together.

(3.) The husband Sushil Kumar Kulshrestha contested the petition. inter alia, on the ground that there was no territorial jurisdiction for Dehradun Court. When the trial court was moved by him to decide the Issue of jurisdiction as a preliminary issue, it by the impugned order dated 9.8.1999 rejected the prayer with the observation that without the oral evidence, it cannot be decided as to where the husband and wife last resided together so as to confer the jurisdiction on the Court at that place to try this petition. So he took the stand that the issue will be decided at the, trial when the parties lead their evidence at the hearing of the petition.