LALIT GURUBAXANI Vs. USHA GURUBAXANI

JUDGEMENT

(1.) THE applicant (non -Petitioner in the Lower Court) being aggrieved by the order passed by I Vth Additional District Judge, Jabalpur in Civil Suit No. 58A/97 on 19/1/98 over ruling the objections of the present applicant deciding issues No. 1 and 2 against the present applicant holding that the Court has jurisdiction to decide the matter has filed this revision petition under Section 115 C.P.C.

(2.) BRIEF facts necessary for disposal of the present petition are that the non -applicant filed Civil Suit No. 93 -A/93 for restitution of conjugal rights and obtained an ex parte decree on 25/10/96 from the Court of I Vth Additional District Judge, Jabalpur. Against the said judgment and decree first appeal No. 608/96 was filed by the present applicant but the same was dismissed on 12/7/97. Being further aggrieved by the said judgment and decree passed in the first appeal, the present applicant has preferred L.P.A. No. 359/97. In the said appeal a Division Bench of this Court has directed issuance of notice to the present non -applicant. It is not in dispute before me that in the said matter question of jurisdiction of the trial Court has been raised. During pendency of these proceedings the non -applicant filed an application under Section 25 of Hindu Marriage Act which has been registered as Civil Suit No. 58 -A/97. The non -applicant interalia contended that she was entitled to an order for permanent alimony in her favour, therefore, the amount as has been claimed by her be awarded in her favour. The present applicant after receiving the notice from the Court made his appearance and filed his reply to the application on 8/11/97 interalia pleading that the non -applicant was not entitled to any amount (alimony) under Section 25 of Hindu Marriage Act, further pleading that the Court has no jurisdiction to hear and decide the matter in view of Section 19 of Hindu Marriage Act, therefore the application be rejected.

(3.) ACCORDING to the applicant, in support of his objection, he filed number of documents including application filed on behalf of the non -applicant under Section 125 Cr. P. C. in the Court of J.M.F.C., Jabalpur; copy of the statement of the non -applicant recorded in 125 Cr. P.C. Proceedings and the marriage card of the parties.