SANJAY KAPUR Vs. PAYEL KAPUR

JUDGEMENT

(1.) This is to consider an application under Art. 227 of the Constitution of India against order dated Nov. 12, 2002 passed by the learned Judge, Family Court, Calcutta in Matrimonial No. 86 of 2002.

(2.) The wife, the opposite party in the revisional application, instituted the aforesaid Matrimonial Petition No. 86 of 2002 in the. said Court under Sec. 13 of the Hindu Marriage Act, 1955 praying for a decree for divorce on the grounds of cruelty and adultery. The husband, the petitioner in the revisional application, has appeared in the said proceeding and is contesting the said application for grant of divorce by filing a written statement. In the written statement the husband, inter alia, alleged that the Calcutta Court has no jurisdiction to entertain the application under Sec. 13 of the Hindu Marriage Act, 1955 as the marriage between the parties was solemnised on Dec. 12, 2002 at Delhi under Hindu rites and customs and the parties, thereafter, live together as husband and wife at Bangalore.

(3.) The husband filed an application, in connection with the said proceeding, praying for an order directing return of the application under Sec. 13 of the Hindu Marriage Act, 1955. It is reiterated that the Calcutta Court had no jurisdiction to entertain the said application.