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1982 Supreme(Cal) 165

CHITTATOSH MUKHERJEE, AMITABHA DUTTA, RAMKRISHNA SHARMA
MRS. MYRTLE STEPHENSON – Appellant
Versus
ROBERT STEPHENSON – Respondent


Advocates Appeared:
Bhabesh Chandra Roy, Sharda Parmar

CHITTATOSH MOOKERJEE, J.

( 1 ) AFTER perusing the records we are unable to confirm under Section 17 of the Indian Divorce Act the decree for divorce granted by the learned District Judge dissolving the marriage of the petitioner Mrs. Myrtle Stephenson. Any petition under Section 10 of the Indian Divorce Act may be presented to the 'district Court' which according to Section 3 means the Court of the District Judge within the local limits of whose ordinary jurisdiction under this Act the husband and wife reside or last resided together. In the instant case the petitioner-wife neither pleaded nor proved that she and the respondent No. 1 either reside or had last resided together within the local limits of the jurisdiction of the learned District Judge, 24 Parganas.

( 2 ) THE petitioner in para i of her petition averred, no doubt, that the marriage between the parlies was registered at the Church of Christ King at 5, Syed Amir AH Avenue, P. S. Beniapukur, District 24 Parganas within the jurisdiction of the District Judge's Court at 24 Parganas. But she pleaded in para 2 that a few days after marriage the respondent had taken her to her temporary place of service at Railway Quarter, B




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