SARITA Vs. BALBIR

JUDGEMENT

(1.) ORDER :- An issue regarding territorial jurisdiction to hear the petition under S.13 of the Hindu Marriage Act brought by the respondent herein against the petitioner was decided by the District Judge against the petitioner herein and District Judge assumed the jurisdiction to try the petition. The burden of proving this issue was on the respondent, who is petitioner in the trial Court. He has not produced any evidence with regard to the issue burden whereof was on him. Petitioner, who is respondent before the trial Court has adduced evidence. After discussing the evidence the learned District Judge has been of the opinion that since there was an admission on the part of the petitioner herein that she along with the respondent remained in Jammu for ten days in the year 1974, therefore that would amount to their last residing together at Jammu, and the Court at, Jammu had the jurisdiction. This finding was seriously contested by Mr. T.S. Thakur appearing for the petitioner herein. He has drawn my attention to S.21 of the Hindu Marriage Act which reads as under :-

(2.) Hindu Marriage Act applicable to the rest of the country has also a provision in S.19 about the territorial jurisdiction of the Court. However, in this petition, we are concerned only with the findings of the learned District Judge as regards parties having last resided together at Jammu or not.

(3.) In the pleadings the respondent has tried to confer jurisdiction on the District Court at Jammu and he has pleaded vide para 10 of the plaint as under :-