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2017 Supreme(Bom) 5

A.S.CHANDURKAR
Manoj s/o Ishwarlal Sharma – Appellant
Versus
Riti @ Archana w/o Manoj Sharma – Respondent


Advocates Appeared:
For the Applicant : Shri P.S. Tiwari
For the Non-applicant : Shri N.A. Gawande

JUDGMENT :

The applicant is aggrieved by order dated 27/03/2014 passed by the learned Principal Judge, Family Court, Amravati below Exhibit24 thereby rejecting the application filed by the applicant under Section 9A of the Code of Civil Procedure, 1908 (for short, the Code). The applicant was married with the non-applicant on 31/01/2009 at Paratwada. The parties thereafter resided together at Indore. On account of some matrimonial disputes, the non-applicant was compelled to leave the matrimonial home on 28/10/2011 and reside with her parents at Amravati. Thereafter on 28/11/2012, the non-applicant filed proceedings before the Family Court at Amravati under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (for short, the said Act) for grant of maintenance. In those proceedings the applicant moved an application under Section 9A of the Code raising a plea of the Court at Amravati had no jurisdiction to entertain the proceedings inasmuch as no part of cause of action had arisen within the jurisdiction of said Court. According to applicant, as the marriage was solemnized at Paratwada, Dist. Amravati, the Court there would have jurisdiction. The application was opposed by the














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