SAMIR RANJAN CHANDRA Vs. LIPIKA CHANDRA

JUDGEMENT

(1.) This is an application under Section 227 of the Constitution of India in which the present petitioner/husband has assailed the order dated 15.07.2011 as passed by the learned Additional District Judge, Fourth Court, Barasat, within the district of North 24- Paraganas. As per that impugned order the learned Trial Court relying on the Single Bench decision of the Punjab and Haryana High Court as reported in 1983 AIR(Page) 28 held "So, as per provision of amended Section 19(iiia), the wife, being the petitioner of the application under Section 25 of the Hindu Marriage Act has right to present the petition within the jurisdiction where she resides at the time of presentation of the petition."

(2.) The fact can be stated in brief thus that the marriage tie between the petitioner/husband and the wife/opposite party was dissolved by one ex parte decree for divorce as passed in Title Suit No.73 of 2000 by the learned Civil Judge (Senior Division) Sambalpur, Orrisa now Odisha under the Hindu Marriage Act (henceforth called as the said Act). The said decree became final as no further step was taken by the wife/ opposite party.

(3.) Thereafter, the wife/opposite party approached the District Judge, North 24-Paraganas by filling one application under Section 25 of Hindu Marriage Act praying for permanent alimony and maintenance from the husband/petitioner. The case was registered as Misc. Case No. 370/04 and the learned Additional District Judge, Barasat, vide the impugned order ordered to entertain the application accepting the territorial jurisdiction of that Court.