IVY SARKAR MAJUMDAR Vs. SANDIP MAJUMDAR

JUDGEMENT

(1.) The opposite party (husband) filed a suit for divorce against his wife on the ground of cruelty and desertion in the Court of the learned District Judge at Howrah. The said suit was initially transferred to the court of the Learned Fifth Additional District Judge at Howrah and thereafter the same was again transferred to the court of the learned Third Additional District Judge at Howrah. The said suit which was registered as Matrimonial Suit No. 280 of 2007 is now pending for disposal before the court of the learned Third Additional District Judge at Howrah.

(2.) The Defendant (wife) is contesting the said suit by filing written statement denying the allegations made out by the Plaintiff in the plaint. In fact, the maintainability of the said suit was challenged on the ground of lack of territorial jurisdiction of the Court to entertain and/or to try the said suit at Howrah.

(3.) Even the Defendant/Petitioner (wife) also filed an application challenging the maintainability of the said suit on the ground of lack of territorial jurisdiction of the said Court either to entertain the said suit or even to try the same in the said Court. It is contended therein that the marriage between the parties was solemnized at Konnagar beyond the territorial jurisdiction of the Court of the learned District Judge at Howrah. It was further contended therein that the Petitioner (wife) is also residing at Konnagar beyond the territorial jurisdiction of the said Court. It was further stated therein that even the parties last resided together in their matrimonial home at Konnagar. The Petitioner, thus, contended that since neither the marriage was solemnized within the jurisdiction of the Court of learned District Judge at Howrah nor the Respondent resided within the jurisdiction of the said Court nor the parties last resided together within the jurisdiction of the said Court, the said suit ought not to have been entertained by the learned District Judge at Howrah. According to the Petitioner the Court of the learned District Judge at Chisurah, Hooghly has the territorial jurisdiction to entertain the said suit as not only the marriage between the parties was solemnized within the jurisdiction of the said Court but also the parties last resided together within the jurisdiction of the said Court.