DURGA PRASAD Vs. SAVITRI DEVI

JUDGEMENT

(1.) This is an appeal by the plaintiff against the order dated 20th July, 1983 passed by the 4th Additional District Judge, Jabalpur, in Civil Suit No. 38-A of 1981 whereby the plaint has been returned for presentation to the proper Court.

(2.) The plaintiff had instituted a suit under section 13 of the Hindu Marriage Act against his wife-respondent on various grounds. For the purposes of territorial jurisdiction of the Court it was alleged in paragraph 10 of the plaint that the petitioner and respondent both resided together as husband and wife at Bargi Colony, district Jabalpur within the jurisdiction of the trial Court. After the appellant's evidence was over the respondent came forward with an amendment application which was allowed. The plea taken by amendment was that the appellant was resident of village Gubra Kalan district Satna and the respondent is resident of village Kharwahi district Satna and they last resided at village Gubra Kalan district Satna and, therefore, the Court had no territorial jurisdiction to entertain and try the suit.

(3.) Learned trial Court framed the issue in which the additional issue on the question of jurisdiction was tried as a preliminary issue. By the impugned order, the learned trial Court came to the conclusion that the parties last resided at Gubra Kalan in district Satna and, therefore, the trial Court has no jurisdiction to try the suit. The plaintiff has, therefore, been directed to be returned for presentation to the proper Court.