SANJAY CHOPRA Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE prayer made in this petition filed under Article 227 of the Constitution is that the divorce petition bearing HMA Case No. 142 of 4.8.1995 titled "Smt. Shyama Chopra v. Sanjay Chopra" filed under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Additional District Judge, Ludhiana be sent for and the same be dismissed/returned to the petitioner for presentation to the Court of competent jurisdiction.

(2.) SMT . Shyama Chopra (respondent No. 2) filed a petition for divorce against her husband and the same is pending in the Court of Additional District Judge, Ludhiana. The petitioner is contesting that petition and an objection has been taken in the written statement that the Courts at Ludhiana do not have the territorial jurisdiction. On the pleadings of the parties, several issues were framed by the trial Court and issue No. 4 pertains to the territorial jurisdiction of the Courts at Ludhiana. On the request of the counsel for the petitioner, issue No. 4 was treated as preliminary. Thereafter, the trial Court gave opportunities to the parties to lead their evidence, if any, in regard to this issue. The divorce petition is still pending.

(3.) IN view of this statement, the trial Court is directed to dispose of issue No. 4 on the pleadings of the parties and other documents on the record within a period of two months from the date of receipt of a copy of this order.