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1987 Supreme(Cal) 338

A.M.BHATTACHARJEE, AJIT KUMAR NAYAK
SHYAMALI SARKAR – Appellant
Versus
ASHIM KUMAR SARKAR – Respondent


Advocates Appeared:
B.K.BACHAVAT, H.B.PAL, K.J.SENGUPTA, O.P.JHUNJHUNWALA, R.P.MITRA

A. M. BHATTACHARJEE, J.

( 1 ) A petition by the applicant-wife for restitution of conjugal rights under S. 9 of the Hindu Marriage Act, dismissed by the trial court, has been decreed by this Court on appeal. The wife has now filed this application in this Court under S. 25 of the Hindu Marriage Act for permanent alimony. In opposing this application, Mr. Bachawat, the learned Counsel for the husband/opposite party, has urged that this Court cannot entertain this application which is to be filed in the 'district Court' in accordance with the provisions of S. 19 of the Hindu Marriage Act. Mr. Bachawat has submitted that the present application ought to have been filed in the City Civil Court which is the 'district Court' within the meaning of the Act, where the original petition for restitution of conjugal rights was presented in accordance with S. 19 of the Act. For better appreciation and facility of discussion, the relevant portions of S. 19 and S. 25 of the Act are reproduced hereinabove :-"19. Every petition under this Act shall be presented to the district court within local limits of whose ordinary civil jurisdiction - (i) the marriage was solemnized; (ii) the respondent at t
























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