ANKIT MANTRI Vs. PRIYANKA

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 1/6/2023 passed by the learned Family Court (Additional District Judge First) Abu Road in Civil Matrimonial Case No.05/2023 whereby the application under Order 7 Rule 11, CPC as filed on behalf of the defendant husband has been rejected.

(2.) The ground as raised in the application was that the Court at Abu Road does not have jurisdiction to hear the petition under Sec. 13(1) of Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') as preferred by the plaintiff as the plaintiff and the defendant never resided at Abu Road.

(3.) Vide the order impugned, the Court below, while referring to the pleadings as made by the plaintiff, observed that the plaintiff wife came with the specific averment that the plaintiff and the defendant resided at Abu Road just prior to separation. With the said observation, the Court proceeded on to reject the application as preferred by the defendant.