R.P.SETHI, K.K.GUPTA
K. Radha Krishan Nayyar – Appellant
Versus
Radha – Respondent
The following important questions of law which are likely to affect a number of cases under the " Hindu Marriage Act, have been referred to us for adjudication:
1) What is the scope of Sec. 21 of the Act so for as the persons who were not subject to the State Act at the time of their marriage are concerned?
2) Whether the persons whose marriages have been solemnized under the Central Act No. XXV of 1955 can seek any relief within the Sate of Jammu and Kashmir under this Act?
3) Whether the persons who were governed by the State Act at the time of their marriage can get a relief in any other court in the country under provisions of the Central Act?
Put briefly the facts giving rise to the appeal are: that the parties to the petition were married at Madras, admittedly, beyond the territorial jurisdiction to which the J&K Hindu Marriage Act, 1980 (hereinafter referred to as the State Act) applies. The appellant-husband filed a petition for dissolution of marriage by a decree of divorce under Sec. 13 of the State Act in the Court of District Judge, Jammu, who, vide the order impugned herein, dismissed the same by holding that he had no territorial jurisdiction to decide the
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