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1973 Supreme(All) 19

HARISWARUP
Madhvi Sirothia – Appellant
Versus
N. N. Sirothia – Respondent


Advocates:
Dr. R. Dwivedi, for Applicant; V.C. Srivastava, for Opposite Party.

Judgement

ORDER:- This revision has been filed against the order of the Court below holding that it has jurisdiction to deal with the petition filed under Section 19 of the Hindu Marriage Act for the relief of restitution of conjugal rights and for other reliefs in the alternative. The Court below has held that the husband and wife last resided together in Allahabad and hence. Allahabad Court has jurisdiction. Section 19 of the Hindu Marriage Act provides that a petition under the 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 had last resided together. Admittedly, neither marriage was solemnized in Allahabad nor husband and wife resided on the date of institution of the petition in Allahabad. The question to be determined was whether husband and wife had last resided together in Allahabad.

2. S. 19 does not deal with the length of residence, even a short residence may be sufficient to give the Court jurisdiction to entertain the petition. The Court below impliedly appears to have thought that residing together must refer to residing together for the purpo








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