LAWS(J&K)-1989-11-1

ARUNA KUMARI Vs. AJAY KUMAR

Decided On November 02, 1989
ARUNA KUMARI Appellant
V/S
AJAY KUMAR Respondents

JUDGEMENT

(1.) Ajay Kuntar respondent herein has filed petition, for dissolulion of marriage against his wife Shrimati Aruna Kumari petitioner herein which is pending disposal in the Court of District Judge, Kathua. The said petition has been resisted by the petitioner herein on various grounds. The trial Court on 15/11/1988 framed the following issues: -

(2.) I have heard the learned counsel for the parties and perused the record before me. Mr. B.M.Gupta learned counsel appearing for the petitioner has argued that issue No. 2 framed in the cease is regarding jurisdiction of the Court to try the case and in view of provision contained in Order XIV, Rule 2, Civil Procedure Code it is to be treated as preliminary issue and it is required to be disposed of as such. In support of his contention he has cited (1987) 2 Cur LJ (Civ and Cri) I (Delhi), (1988) 2 Rev LR 423 (Punj and Har), (1982) 84 Pun LR 191 and AIR 1978 Madh Pra 16. Mr. J.P. Singh learned counsel for the respondent, on the other hand, has contended that issue of jurisdiction framed in the case is a mixed question of law and fact which requires recording of evidence to be led by both the sides and as such it cannot be tried as a preliymnary issue. In support of his contention he has referred to AIR 1979 Madh Pra 153 (FB) and (1988) 1 Cur CC 299 (Gauhati) and 1967 Kash LJ 356.

(3.) Order XJV, Rule 2 of Civil Procedure Code reads as under,--