MAMTA VARMA Vs. JAY PRAKASH VARMA

JUDGEMENT

(1.) HEARD both the parties.

(2.) THIS revision petition has been preferred against the order dated 26.11.1999 passed by the District Judge, Buxar, in Matrimonial Suit no. 7 of 1999 whereby and whereunder prayer made from the side of the defendant -petitioner that the District Judge, Buxar, had no jurisdiction to entertain the Matrimonial case has been rejected.

(3.) LEARNED court below has rightly rejected the prayer as the same had also been rejected earlier. But, in my opinion, the whole thing depends on the factual aspect. The plaintiff -opposite party has claimed that the spouses had lived together at Buxar which fact has been denied from the side of the petitioner. Whether the spouses resided last together at Buxar in the matrimonial home or not is a factual aspect which can be thrashed out at the time of trial itself.