AMARJIT SINGH DHIMAN Vs. SMT. SUKHWINDER KAUR

JUDGEMENT

(1.) THE husband obtained a decree of divorce from the Court of Additional District Judge, Ludhiana, on 17 -10 -1981. Thereafter, the divorced wife filed a petition under Section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) for the grant of permanent alimony at the rate of Rs. 300/ - per month. This petition was presented to the Subordinate Judge at Samrala. It was pleaded that her former husband was employed in the Punjabi University, Patiala, and his total earnings were Rs. 1200/ - per month. The former husband contested the petition and pleaded that he was earning Rs 500/ - per month from the Punjabi University, Patiala, and denied if he was doing any part -time job elsewhere He further pleaded that the applicant was earning Rs. 600/ - per month by sewing clothes and knitting pullovers and her application for the grant of maintenance under Section 125, Cr. P.C., was dismissed by the Criminal Court, which decision was upheld by the Appellate Court and, therefore, she was not entitled to permanent alimony The wife had pleaded that the marriage had taken place at Samrala and, therefore, the Samrala Court had jurisdiction to entertain the petition. The former husband in his written statement admitted that the marriage was solemnised at Samrala but pleaded that the Court had no jurisdiction to try the petition

(2.) ON the contest of the parties, the following issues were framed: -

(3.) THE first point raised before me is that under Section 3(b) of the Act the District Court has been defined which means the principal civil Court of original jurisdiction and suck a Court is the Court of District Judge which includes the Courts of Additional District Judges. On this basis it is argued that under Section 19 of the Act, the petition had to be presented to the District Court and since the petition had been presented to a Subordinate Court it was not properly presented This matter is covered by issue No 2. Before the Court below, another argument was raised that application under Section 25 of the Act had to be presented to the Court which granted decree of divorce and to no other Court. This lasser argument was considered by the Court below and keeping in view my decision in Smt. Darshan Kaur v. Maleak Singh, (1983) 85 P. L. R. 178. it was held that the petition could be presented to any Court which would have jurisdiction in view of Section 19 of the Act. The Court below held that since the marriage between the parties was admittedly solemnised at Samrala, that Court had the jurisdiction because in section the Court in whose jurisdiction, the marriage was solemnised, could entertain every petition under the Act. The argument, which is raised below me, was taken for the first time in the grounds of appeal in this Court and was not raised before the Court below. In the grounds of appeal, it is mentioned that even if the place where the marriage was solemnised, has to be taken into consideration for giving jurisdiction for presenting a petition under Section 25 of the Act, such petition has to be presented before the District Court of that place and could not be presented before the Subordinate Court as no notification was issued by the State Government authorising the Subordinate Courts to be the Courts of original jurisdiction for a petition under Section 25 of the Act. The learned Counsel for the Appellant was shown notification No 2190 -J -58/23265 dated 20th/31st March, 1958, published in Punjab Government Gazette dated 11 -4 -1958, by which in exercise of powers under Section 3 -(b) of the Act every Court of a Subordinate Judge 1st Class has been notified to be a District Court as having jurisdiction in respect of matters dealt with under the Hindu Marriage Act, 1955. Therefore, the Subordinate Judge 1st Class, Samrala, within whose jurisdiction the marriage was solemnised, had the jurisdiction to entertain the petition under Section 25 of the Act by virtue of section 19(i) read with the aforesaid notification. Hence, the petition was properly presented.