KHORSHED BEHRAM RUSTOMJEE Vs. BEHRAM NOWROJEE RUSTOMJEE

JUDGEMENT

(1.) THE petitioner -wife had obtained a decree for restitution of conjugal rights from this Court on 4th October 1979. At the time of passing of the said decree, she had desired to make a separate application for alimony and for maintenance of the children and hence the present petition.

(2.) ON behalf of the respondent -husband, it is contended that this Court has no jurisdiction to entertain the petition as the husband is a British subject domiciled in England. The husband has filed petition for divorce in England, which, according to him, is the competent Matrimonial Court. Assuming this Court has jurisdiction, then the petitioner -wife is not entitled to certain reliefs prayed for. It is necessary to set out a brief statement of facts.

(3.) IN September 1978, the husband was transferred from Geneva to London for a period of about 3 years.