JANAK DULARI Vs. NARAIN DASS

JUDGEMENT

(1.) THIS appeal has been filed by Janak Dulari under Section 28 of the Hindu marriage Act and arises out of her husband's application under Section 9 of the said Act for restitution of conjugal rights. The parties were admittedly married on 30-4-1945 at Nakodar (District Jullundur) and the present application was made on 10-11-1955 in Amritsar Courts. The wife objected to the jurisdiction of the amritsar Court on the ground that the parties had last resided together at gurdaspur and that she was residing at the time of the application at Palampur. The trial Court framed a preliminary issue regarding its jurisdiction and the additional District Judge after recording evidence came to the conclusion that the parties had last resided together at Amritsar and therefore he had jurisdiction to hear the application. It is against this interlocutory decision that the present appeal has been filed.

(2.) SECTION 19 of the Hindu Marriage Act deals with the jurisdiction of Court and it reads:

(3.) THE learned counsel for the appellant then raised two new points which were not raised in-the trial Court. As these points are law points involving the Court's jurisdiction, I allowed him to argue them.