ORDER :- The marriage between the applicant and non-applicant was solemnised at Nagpur according to Hindu rites in February 1960. After the marriage, the applicant and non-applicant were staying together at Jharsugda in district Sambalpur of Orissa State. The non-applicant wife, after some time returned to Nagpur to reside with her father. She filed a petition for judicial separation in June 1970, in the Court of Joint Civil Judge, Senior Division, Nagpur. It was registered as H.M.P. No. 96 of 1970. However, she withdrew the same on 21-9-1970 by filing a pursis to that effect.

2. Subsequently, the husband present applicant, presented a petition for dissolution of marriage in the year 1975, at the Court of the Subordinate Judge, Sambalpur in Orissa State. It was registered as Title Suit No. 27 of 1975. Summons of the said suit was duly served upon the non-applicant wife, but she failed to appear and contest the same. On 30-3-77, the Subordinate Judge at Sambalpur passed an ex parte decree of divorce as prayed for by the husband.

3. The non-applicant wife did not take any step for setting aside the said ex parte decree, nor did she prefer any appeal against the same. It is thereafter, that on 20-6-78, the non-applicant wife presented an application under Section 25 of the Hindu Marriage Act for grant of permanent alimony. This application has been presented before the Joint Judge, Senior Division, Nagpur and came to be registered as Miscellaneous Judicial Case No. 149/78. She also preferred application under Sections 24 and 26 of the Hindu Marriage Act read with Section 151 of the Civil P.C. for interim maintenance for herself and her child.

4. All the above facts are not disputed. In the Miscellaneous Judicial Case, the applicant husband who was non-applicant in the said proceedings, raised a preliminary objection about the jurisdiction of the Civil Judge, Senior Division, Nagpur in the matter of entertaining the proceedings under Section 25 of the Hindu Marriage Act. The main ground in the said preliminary objection was that the decree of divorce was passed by the Subordinate Judge at Sambalpur and it is that Court alone which would have jurisdiction to entertain matters under Section 25 of the Hindu Marriage Act. The applicant husband also filed an application praying that the question of jurisdiction as preliminary issue should be decided by the Civil Judge, Senior Division, Nagpur before proceeding with the case.

5. However, the Trial Court fixed the case for hearing the wife's application for interim maintenance and at the same time heard the counsel of both the parties on the question of preliminary issue. By its reasonings in paragraph 5 of the order, below Ex.5, the Trial Court came to the conclusion that under Section 19 of the Hindu Marriage Act the Court at Nagpur also has jurisdiction to deal with the matters under Section 25 and it is not necessary that the proceedings under Section 25 ought necessarily to be filed at the Court where the decree in the matrimonial case was passed. He also proceeded to deal with the application for interim maintenance and directed the husband to pay an interim maintenance of Rupees 350 per month to the wife and her daughter and also to pay Rs. 300/- towards the costs of the proceedings. It is this order below Ex.5 passed by the Trial Court at Nagpur on 1-8-1980 which is impugned by the husband applicant by this revision.

6. Shri V.R. Manohar, Advocate appears for the applicant husband, while Shri M.G. Bhangde, Advocate represented the non-applicant.

7. The only question involved and which was urged on behalf of both the parties is regarding the forum where application under Section 25 of the Hindu Marriage Act is to be presented. Shri Manohar for the applicant contended that Section 19 of the Hindu Marriage Act is applicable for deciding the jurisdiction of the Court only in respect of petitions for substantial reliefs under the Hindu Marriage Act, but the same would not be applicable to

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