BALWANT SINGH Vs. SARDARNI BALWANT KAUR

JUDGEMENT

(1.) The Plaintiff, Col. Sardar Balwant Singh, who is the Petitioner in this revision petition, instituted a suit against his wife Sardarni Balwant Kaur Defendant who is the Respondent in this case, for restitution of conjugal rights on 23.12.1953. The suit was pending, when on 18.5.1955, the Hindu Marriage Act, 1955 (25 of 1955) hereinafter to be referred as the Act, came into force.

(2.) On behalf of the Defendant an objection was raised in the Court of the learned trial Judge (Subordinate Judge II Class of Patiala (c)) that he had ceased to have jurisdiction in the suit in view of Section 4, 9 and 19 of the Act. The objection prevailed and by his order of 25.8.1955, the learned trial Judge directed the return of the plaint to the Plaintiff for presentation in the District Court. This revision petition is directed against that order of the learned trial Judge.

(3.) The case first came up for hearing before my learned brother Gurmam Singh J. Two arguments were urged before him. On behalf of the Defendant a preliminary objection was taken that the revision was not competent. The other matter argued was the correctness of the order of the learned trial Judge. After pointing out that under the Act a petition may be presented to the District Court to seek relief for restitution of conjugal rights and previously a suit was competent for the same relief in an ordinary civil Court, he observed that so far as the question of jurisdiction was concerned undoubtedly there was difference between the previous law and the present law and that he was not sure if that amounted to inconsistency referred to in Section 4 of the Act. Since he was of the opinion that this raised a very important question of law and no decision of any High Court upon it was available, he referred the matter to a larger Bench. The question as to the competency of the revision petition was also referred to the same' Bench. This is how the case comes before us.