JANAK SINGH Vs. RAJI

JUDGEMENT

(1.) THIS is an application to revise the order dated 26th July, passed by the Sub Judge, Rajouri, over -ruling the objection raised by the applicant with respect to the jurisdiction of the court to entertain and try the respondents application under sections 10 and 13 of the Hindu Marriage Act, 1955.

(2.) THE facts out of which the present 13 revision application has arisen are.

(3.) MST . Raji the respondent herein, filed an application in the court of Sub Judge Rajouri, on 4th January, 1966 for dissolution of her marriage with Janak Singh, the applicant, herein or in the alternative for judicial separation. Janak Singh not having appeared in answer to the summons issued to him by the court, the case was set ex parte against him. The trial court after recording the statements of two witnesses produced by the Mst Raji passed an ex parte decree in her favour for dissolution of her marriage with Janak Singh on 19th March, 1966. Against the ex parte decree obtained by Mst Raji, Janak Singh went up in appeal before the District Judge, Poonch, who by his judgment dated 3rd August 1966 set aside the ex parte decree and remanded the case to the Sub Judge, Rajouri for fresh proceedings in accordance with law. On remand Janak Singh filed his objections with respect to the aforesaid application under the Hindu Marriage Act preferred by Mst Raji. In the course of his objections Janak Singh besides raising various defences regarding the merit of the application also took an objection with respect to the territorial jurisdiction of the court. After allowing the parties an opportunity to adduce their evidence in support of their respective contentions, the learned trial court proceeded, to decided the objection regarding the jurisdiction of the court and relying on the rulings reported in AIR 1954 Rajasthan 135, 135 AIR 1948 Madras, 203 and AIR 1923 Madras, 351, it came to the conclusion that the objection with regard to the jurisdiction of the court not having been raised in the memorandum of appeal filed by Janak Singh against the ex parte decree obtained by Mst Raji, it was not open to him to agitate the matter afterwards.It is against this order, that the applicant has come up in revision to this court.