1. Ajay Kumar respondent-herein has filed petition for dissolution of marriage against his wife Shrimati Aruna Kumari petitioner-herein which is pending disposal in the court of District Judge, Kathua. The said petition has bean resisted by the petitioner-herein on various grounds. The trial court on November 15, 1988 framed the following issues: -

1. Whether the respondent has treated the petitioner with cruelty? O. P. P.

2. Whether this court has no jurisdiction to this petition? O. P. R.

3. Relief. Issue No. 5 was, however, recast as under: -

Whether the parties to the petition last resided at Kathua and this court as such has jurisdiction to try the petition? OPP

2. The parties were directed to furnish list of witnesses within 14 days and the respondent-herein was directed to lead evidence first. The petitioner-herein moved an application before the trial court on August 19, 1989 for treating issue of jurisdiction as preliminary to be decided first. The other side opposed to this prayer of the petitioner-herein and the learned District Judge Kathua vide his order dated August 19, 1989 rejected the application holding that the issue cannot be decided without taking evidence of the

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