SUSHMA DEWAN Vs. AJIT KUMAR DEWAN

JUDGEMENT

(1.) THIS is an appeal against the judgment dated March 22, 1972, delivered by the learned Sub Judge First Class, Chandigarh, exercising the powers of the District court under the Hindu Marriage Act (hereinafter called the Act ).

(2.) THE respondent filed a petition under Section 10 of the Act for the grant of a decree for judicial separation in the lower Court. In the petition, it was stated that the parties last resided together at Chandigarh at the parental house of respondent from May 13, 1967 to May 17, 1967. It is also stated that they would have continued to reside there but for the fact that they thought of having their honeymoon at Ootacomand. The marriage of the parties was solemnised at Delhi on May 12, 1967. The appellant set up the plea that the Court at Chandigarh had no jurisdiction and the petition could be tried only at Delhi where the marriage of the parties was solemnised. On the pleadings of the parties, the learned trial Court framed the following preliminary issue:-" whether this Court has the jurisdiction to try this application. "

(3.) IN support of this issue, the respondent appeared as his own witness. The appellant entered the witness box to controvert the allegations herself and also produced her father Dr. S. L. Kapur R. W. 2 as her witness. The learned trial court, after consideration of the entire evidence, came to the conclusion that the jurisdiction of Chandigarh Courts was not barred. The appellant did not mention in the written statement that the parties had decided to stay at Delhi till the respondent was able to get some married accommodation at the place of his posting. However, when she appeared as a witness she for the first time raised this plea.