( 1 ) THIS reference has been made under the Second Proviso to Rule 1 of Chapter II of the Appellate Side Rules by a Division Bench consisting of Mr. Justice S. K. Datta and Mr. Justice H. N. Sen.

( 2 ) THE point that arises for our decision is whether the Hindu Marriage Act, 1955 can be applied to a person, who is outside the territory to which the Act applies and is not of Indian domicil.

( 3 ) IN the Rule before the Division Bench the petitioner Gour Gopal Roy, husband of the opposite party, Sm. Sipra Roy, had challenged an order of the learned Judge of the 9th Bench, City Civil Court, Calcutta in a Matrimonial action holding that the court had the jurisdiction to try the proceedings.

( 4 ) SUB-SECTION (2) of Section 1 of the Hindu Marriage Act, 1955 provides as follows :"it extends to the whole of India except the State of Jammu and Kashmir, an'd applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. "

( 5 ) THE point for consideration of the Special Bench is about the scope and extent of the operation of the Hindu Marriage Act, 1955. On an analysis of the relevant provisions of the Act