K RADHA KRISHNAN NAYYAR Vs. RADHA

JUDGEMENT

(1.) The following important questions of law which are likely to affect a number of cases under the Hindu Marriage Act, have been referred to us for adjudica-tion :

(2.) Put briefly the facts giving rise to the appeal are : that the parties to the petition were married at Madras - admittedly, beyond the territorial jurisdiction to which the J. and K. Hindu Marriage Act, 1980 (hereinafter referred to as the State Act) applies. The appellant-husband filed a peti-tion for dissolution of marriage by a decree of divorce under S. 13 of the State Act in the Court of District Judge, Jammu, who, vide the order impugned herein, dismissed the same by holding that he had no territorial jurisdiction to decide the case.

(3.) We have heard learned counsel for the appellant but no one has appeared for the respondent despite service. Point No. I