RAM PAL Vs. AJIT KAUR

JUDGEMENT

(1.) THIS appeal is preferred by Ram Pal under Sec. 28 of the Jammu and Kashmir Hindu Marriage Act and arises out of an application filed by him under Sec. 9 of the said Act for restitution of conjugal rights against Mst. Ajit Kaur alleged to be his legally wedded wife.

(2.) MR . Isher Singh appearing On behalf of the appellant has argued that the application under the Hindu Marriage Act could not be heard by any Court other than the District Court which, under Sec. 3 (b) of that Act, meant the principal Civil Court of original jurisdiction. It is submitted that as the application was beard by the Additional District Judge who had no jurisdiction to hear that application his order being without jurisdiction is liable to be set aside.

(3.) UNDER Sec. 19 of the Hindu Marriage Act, which reads as under: