JUDGMENT

R.B. Deo, J. - Applicant 1 is assailing the order dated 28.8.2021, rendered by the Civil Judge Senior Division, Gondia, in Hindu Marriage Petition 71/2020, whereby the learned Judge was pleased to reject the application preferred by the petitioner 1-husband under Order 7 Rule 11 of the Code of Civil Procedure.

2. The application seeking rejection of plaint was preferred on the ground of absence of territorial jurisdiction to entertain and try the Hindu Marriage Petition filed by the wife.

3. Perusal of the petition filed by the wife seeking dissolution of marriage and custody of minor child reveals that the wife has asserted that she is residing at Gondia with her elder sister. The wife contends that she is compelled to reside with her elder sister in the absence of sufficient means for survival.

4. It would be apposite to note the provisions of section 19 of the Hindu Marriage Act, which read thus:

19. Court to which petition shall be presented. --Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction-

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of t