KRISHNASWAMI NAYUDU
K. Vajravelu Mudaliar – Appellant
Versus
Rajalakshmi Ammal – Respondent
The question that arises for determination in this revision petition is whether the place of marriage confers jurisdiction for a suit for maintenance filed by a Hindu wife against her husband.
The petitioner is the husband and the suit was instituted by his wife the respondent, in the District Munsiff’s Court of Tiruchirapalli for recovery of maintenance at the rate of Rs.50 per mensem, for arrears and for other reliefs. The petitioner was residing in Chittoor, a place outside the jurisdiction of the Additional District Munsiff’s Court of Tiruchirapalli and on his contention that the District Munsiff’s Court of Tiruchirapalli had no jurisdiction to try the suit, the issue as to jurisdiction was tried as a preliminary issue. The District Munsiff of Tiruchirapalli upheld the objection holding that the cause of action for a suit for maintenance was the breach of the duty on the part of the husband to maintain his wife, which breach of duty occurred at Chittoor, and repelled the argument on behalf of the respondent that marriage being part of the cause of action for a suit for maintenance, the suit could be instituted in the place where the parties were married. The decision o
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