KALURAM Vs. MANGILAL

JUDGEMENT

(1.) THIS appeal arises out of a suit for the restitution of conjugal rights filed by Mangilal against his wife Ramubai. The Plaintiff impleaded Ramubai's father Mansaram, brother Kaluram and other persons as Defendants alleging that they were preventing Ramubai from allowingher to live with him. The suit was instituted in the Court of Civil Judge First Class, Shujalpur where the husband resided. The Defendants -Appellants Kaluram and Umrao resided and carried on business in Nansinghgarh outside the jurisdiction of the Court of Civil Judge, First Class, Shujalpur.

(2.) THE only contention advanced by Mr. Kak learned Counsel for the Appellant is that the Civil Judge at Shujalpur had no jurisdiction to entertain, a the suit as against the Appellant, who resided and a carried on business beyond the jurisdiction of that Court. It was argued that die Plaintiff's suit as against the Appellant was not a suit for restitution of the' conjugal rights but was one for an injunction restraining him from preventing Ramubai returning to the Plaintiff and that being so, the suit against him could not be filed at the place of the husband's residence, when the Appellant resided and carried on business outside the jurisdiction of the Court.