NEELU JAIN Vs. PRAVEEN CHANDRA

JUDGEMENT

(1.) HEARD the parties. Petitioner No. 1 was married with the opposite party on 25.11.1993 at Madhupur within Deoghajr District in the State of Bihar (now newly created State of Jharkhand) and a child -petitioner No. 2 was born out of their wed lock on 1.9.1994. Admittedly maternal house of petitioner No. 1, where her parents are residing, is at Arrah in the State of Bihar. It is said that on 12.2.1997 she left her matrimonial house at Madhupur for her maternal house at Arrah along with her mother and the infant daughter petitioner No. 2 and never returned.

(2.) ON 3.8.2001 opposite party filed Matrimonial Case No. 67 of 2001 in the Court of District Judge Deoghr for divorce by dissolution of marriage under the provisions of the Hindu Marriage Act, 1955(hereinafter referred to as 'the Act'). Petitioners appeared in the said case.

(3.) AS per provisions of Section 19 of the Act the opposite party could have filed the present case either at Deoghar, where the marriage was solemnized or at Arrah, where the petitioners at the time of filing of the case were residing.