LAWS(P&H)-2013-7-53

KARAMBIR Vs. GAYATRI BAI

Decided On July 15, 2013
KARAMBIR Appellant
V/S
GAYATRI BAI Respondents

JUDGEMENT

(1.) Husband Karambir has filed this revision petition under Article 227 of the Constitution of India impugning order dated 06.05.2013 (Annexure P-3), passed by learned District Judge (Family Court), Bhiwani, thereby dismissing application (Annexure P-1), filed by the petitioner for dismissing the divorce petition, filed by respondent wife Gayatri Bai against the petitioner under Section 13 of the Hindu Marriage Act, 1955 (in short the Act).

(2.) The husband, in his application (Annexure P-1), has alleged that the wife is not permanent resident of Bhiwani nor she was serving temporarily at Bhiwani and in fact, both the parties are permanent residents of District Rewari, where marriage of the parties was also solemnized and consummated and the wife also used to reside with the husband in District Rewari. It was thus alleged that the Court at Bhiwani had no territorial jurisdiction to entertain the divorce petition filed by the wife.

(3.) The wife, by filing reply (Annexure P-2), opposed the application moved by the husband and controverted the averments made therein. It was asserted that the wife was residing in Bhiwani City, and therefore, Court at Bhiwani had territorial jurisdiction to try the divorce petition. The wife even denied that she was permanent resident of District Rewari. It was asserted that she was residing in Bhiwani since her childhood and presently, she was serving in Bhiwani.