NAGORAO ONKAR TAYADE Vs. RANJANA NAGORAO TAYADE

JUDGEMENT

(1.) VERY small issue falls for consideration of this court, hence, Rule. Rule made returnable forthwith and heard finally by consent of parties.

(2.) THE challenge in this petition under Articles 226 and 227 of Constitution of India is to the order dated 2-4-2004 passed by 2nd Joint Civil Judge, senior Division, Akola in Special Civil Suit No. 143/2003. By the said order, the learned trial Court has rejected the application, Exhibit-19 which was preliminary objection to the tenability of suit filed by present petitioner/husband. Necessary facts in this respect can be briefly summarized as under:

(3.) THE above mentioned RCS 143/2003 is filed by present respondent, a divorced wife of petitioner, under section 18 of Hindu Adoption and Maintenance Act read with section 25 of Hindu Marriage Act for grant of maintenance. By the said application, she has stated that she is married with petitioner and their marriage took place on 27-2-1994. By prayer clause, she has asked for a decree of past arrears of maintenance of Rs. 1,08,000/- and a direction to pay and to continue to pay Rs. 3,000/- as maintenance every month in future. The petitioner appeared in response to the said suit and filed his written statement. In his written statement he has pointed out that he had filed Hindu Marriage Petition No. 72/2001 before the Court of Civil Judge, senior Division, at Kalyan for dissolution of marriage under section 13 (1) (ia)of Hindu Marriage Act and the said Court allowed his petition by its judgment dated 30th January, 2002 and accordingly the marriage between them is already dissolved. He further pointed out that in such circumstances, the civil Court at Akola, which has taken cognizance of RCS No. 143/2003 had no jurisdiction and the matted ought to have been filed before the Civil Judge, senior Division, at Kalyan, who granted the decree of divorce.