NITU AGRAWAL Vs. SHIREESH AGRAWAL

JUDGEMENT

(1.) In this writ petition under Article 227 of the Constitution of India the petitioner has challenged the validity of the order dated 22-2-2011 passed by the trial Court by which the application preferred by the petitioner under Order 7, Rule 10 of the Code of Civil Procedure (for short 'the Code') has been rejected. In order to appreciate the petitioner's challenge to the impugned order, few facts need mention which are stated infra. The marriage of the petitioner and respondent was solemnized at New Delhi on 27-11-2002 as per the Hindu rites. After the marriage, as per the averments made in the petition under section 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act'), parties came to Bhopal for wedding reception and stayed in Bhopal for about a week. It is averred in Paragraph 7 of the petition under section 13 of the Act that thereafter the respondent and petitioner went to United States of America on 14-12-2002 and stayed there excepts for few vacation trips to India. It is further averred in Paragraph 7 of the petition that during their stay in United States of America the petitioner gave birth to a daughter on 6-2-2005 out of the wedlock.

(2.) The respondent has filed a petition under section 13 of the Act seeking dissolution of marriage on 28-4-2010 before the Family Court at Bhopal. On receipt of summons of the suit the petitioner entered appearance and filed an application under Order 7, Rule 10 of the Code of return of the plaint on the ground that Family Court at Bhopal has no territorial jurisdiction to try the proceedings under section 13 of the Act. The trial Court vide order dated 12-1-2011 held that the question whether it has territorial jurisdiction to try the petition or not, can only be decided after recording of evidence. Accordingly, the application preferred by the petitioner was rejected.

(3.) The petitioner challenged the validity of the order of trial Court dated 12-1-2011 before this Court in a civil revision, namely. Civil Revision No. 29/2011. This Court vide order dated 19-1-2011 directed that if fresh application under Order 7, Rule 10 of the Code or an application seeking review of the order dated 12-1-2011 is filed by the petitioner before the trial Court, the trial Court by taking into account the averments made in the plaint and without being influenced by the observations contained in order dated 12-1-2011 shall decide the same.