PANKAJ SURYAKANT LOHAR Vs. MAYURI PANKAJ LOHAR

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Rule. Rule made returnable forthwith by consent.

(2.) THE applicant/defendant challenges the order dated 28-6-2002, passed by the trial Court rejecting the preliminary objection raised by the applicant on the ground of absence of territorial jurisdiction to the Court below to entertain the proceedings filed by the respondent/plaintiff.

(3.) IT is the case of the applicant that on the face of the plaint it is apparent that the applicant, who is the defendant in the suit, resides at Mumbai, beyond the territorial limits of the District of Thane. It is further case of the applicant that the pleadings in the plaint apparently disclose that the applicant and the respondent last resided together at Goregaon. It is, therefore, sought to be contended on behalf of the applicant that the pleadings nowhere disclose territorial jurisdiction to entertain the proceedings by any Court within the District of Thane, where the proceedings have been initiated by the respondent. The Court below considering the applicability of section 19 of the Hindu Marriage Act, 1955 has rejected the contentions sought to be raised by the applicant and has further held that it is not necessary to decide the said issue as a preliminary issue and the same can be considered along with the other issues in the matter. The impugned order is sought to be justified by the learned Advocate for the respondent by placing reliance in the decisions of the learned Single Judge of this Court in the matter of (Hariram Dhalumal Karamchandani v. Jasoti w/o Hariram)reported in A. I. R. 1963 Bombay 176, as well as of a learned Single Judge of the Rajasthan High Court in the matter of (Cheni Ram and another v. Shanti Devi and another)reported in A. I. R. 1980 Rajasthan 192. It is his further contention that in view of the fact that the applicant is presently a N. R. I. employed in a foreign country, and considering the fact that the respondent/plaintiff is residing within the territorial limits of Thane, no fault can be found with the territorial jurisdiction of the Thane Court to entertain the proceedings.