BALBIR KAUR Vs. MOHINDER SINGH

JUDGEMENT

(1.) Mohinder Singh filed a petition under section 13(1) (1-A) of the Hindu Marriage Act (hereinafter called the Act) against his wife Balbir Kaur at Ambala. The case is being tried by the Adnsl. District Judge, Ambala. An averment was made in the divorce petition that the parties last resided together as husband and wife at Ambala City. Smt. Balbir Kaur in her written statement denied this fact. She asserted that the courts at Ambala did not have jurisdiction, because she denied the allegation that she had last resided with Mohinder Singh at Ambala. A preliminary issue was framed as to the jurisdiction of the trial Court. However, the onus to prove that issue was placed on Smt. Balbir Kaur, present revision petitioner. Aggrieved, she has filed the revision petition.

(2.) Mr. Gurdeep Singh, learned counsel appearing on behalf of Smt. Balbir Kaur, petitioner, has argued that Mohinder Singh, respondent, had made it positive assertion that the parties had last resided together at Ambala City. This contention was countered by the petitioner. Mohinder Singh had come to the court had filed the petition. It was for hint to prove and establish that the courts at Ambala had jurisdiction where the parties last resided at Ambala and cohabitated there. Prima facie it was for Mohinder Singh to prove this fact. The learned trial court has wrongly placed the onus of this issue on the revision-petitioner. He has thus acted with material irregularity and this has resulted in manifest' injustice to the petitioner Consequently, I allow this revision petition set aside the order dated March 10, 1981 and direct that the learned trial court shall decide the preliminary issue regarding the jurisdiction by placing the onus to prove the same on Mohinder Singh. No costs.

(3.) The respondent is not present. The revision petitioner is directed to appear in the trial court on 4th January, 1983.