DARSHAN SINGH Vs. SWARAN KAUR

JUDGEMENT

(1.) This is husband's appeal whose petition for divorce under Section 13 of the Hindu Marriage Act has been dismissed on the ground of territorial jurisdiction.

(2.) Marriage between the parties was solemnised on 12th December, 1978. According to the husband, the wife only stayed with him for one night at his house at village Kundi, Tehsil Kalka, District Ambala, and then returned to her parental house; whereas according to the wife, she stayed with her husband for about four nights. The present petition for divorce was filed on 28th July, 1986. It appears that in the written statements an objection was taken that the court at Ambala has no jurisdiction to entertain and try the petition as the marriage between the parties was solemnised at village Makhan Majra, Union Territory, Chandigarh. But no issue was ever claimed in that behalf.

(3.) On the pleadings of the parties, the trial Court framed the following issue :-