The provisions of the Code of Civil Procedure are applicable to a petition under the Hindu Marriage Act, 1955, and the Court within whose jurisdiction the defendant is residing will have jurisdiction.

This petition is filed by the wife against the order of the Second Additional City Civil Judge on appeal from the order passed by the Sixth Assistant City Civil Judge holding that the trial Court should first decide the question of jurisdiction before it could pass any order on an Interlocdtory Application for payment of interim maintenance.

2. The wife filed a petition under the Hindu Marriage Act, 1955, for judicial separation on the grounds of cruelty and desertion, pending disposal of the petition the wife also prayed for interim maintenance which was ordered. The husband submitted that the Court had no jurisdiction as the case did not fall under section 19 of the Hindu Marriage Act in that the marriage was neither solemnized nor the husband and wife reside or last resided together within the jurisdiction of the City Civil Court. The lower appellate Court found that this question as to jurisdiction will have to be tried first and before the question is tried and the Court is satisfied that it has jurisdiction it cannot proceed to direct payment of interim maintenance. The wife has challenged the correctness of this order in this revision petition.

3. It is contended on behalf of the wife that by his conduct the husband had allowed the proceedings with regard to grant of interim maintenance to go on and therefore he should not be permitted to raise the question of jurisdiction before payment of interim maintenance as directed by the Court. If it is found that the Court has no jurisdiction to maintain the petition for judicial separation, it will obviously not have jurisdiction to try the question as to interim maintenance. To this extent the order of the appellate Court is beyond reproach.

4. In order to decide the question as to whether there in a triable issue or not regarding jurisdiction, certain facts and questions of law will have to be considered. On the facts it is not disputed, by the husband, that he is not residing within the jurisdiction of the City Civil Court. we may therefore proceed on the basis that the defendant in the petition is residing within the jurisdiction of the City Civil Court. Section 19 of the Hindu Marriage Act provides:

“Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or last resided together.”

This section confers jurisdiction on the District Court. It further provides that the petition shall be presented to the District Court within the local limits of whose jurisdiction the marriage was solemnized or the husband and wife reside or last resided together. Section 21 relates to the applicability of the Code of Civil Procedure and runs as follows:

“Subject to the other provisions contained in this Act and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.”

It may be seen that under section 19 the District Court within whose jurisdiction the marriage was solomnized or the husband and wife reside or last resided together has jurisdiction. In determining the applicability of the Code of Civil Procedure, the provisions of the Code of Civil Procedure will be subject to the other provisions contained in the Hindu Marriage Act, namely section 19. Section 20 of the Code of Civil Procedure, provides:

“Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction the defendant resides or the cause of action,wholly or in part, arises.”

If the Code of Civil Procedure, is also held to be applicable, then the Court within the local limits of whose jurisdiction the defendant resides will also have jurisdiction. Section. 4 of the Code of Civil Procedure, provides:

“In the absence of any specific provision to the contrary nothing in this Code shall be deemed to limit or otherwise affect any