MEENA ANILKUMAR WALAMBE Vs. ANILKUMAR GOVIND WALAMBE

JUDGEMENT

(1.) THIS civil revision application is directed against the order dated 25th April, 1991 passed by the Joint Civil Judge, Senior Division, Thane, holding that the Court at Thane had jurisdiction to try the Marriage Petition No. 304 of 1988.

(2.) THE facts, necessary to consider the question that arise for decision, are as follows: The petitioner (original respondent) and the respondent (original petitioner) were married on 16th December, 1973 at Pune. A son Manish was born to them on 1st December, 1974 They resided sometime at Chembur and sometime at Thane. The husbands (respondents) Parents are staying at Thane. In 1978, both the parties with their son went to U. S. A. On 29th November, 1988 the wife was sent back to India and she stayed with her brother at Nashik. On 13th December, 1988 the respondent came to India and filed Marriage Petition No. 304 of 1988 against the wife for divorce of the ground of cruelty. He filed this petition in the District Court at Thane.

(3.) THE parties are Hindus and it is undisputed that they are governed by the Hindu Marriage Act, 1955. Section 19 of the Hindu Marriage Act reads as follows :