ORDER :- This is an application in revision against the judgment and order passed by the District Judge, Dehradun, upsetting the order of the Civil Judge regarding return of the plaint and holding that Dehradun Court had jurisdiction to hear the petition filed by the respondent under Section 13 of the Hindu Marriage Act.

2. The petitioner filed this petition with the allegation that the parties last stayed at Dehradun as husband and wife and, therefore, Dehradun Court had jurisdiction to try the petition. This contention of the petitioner was denied by the respondent who stated that she had not gone to Dehradun to stay with the petitioner but had gone with the intention of totally separating herself from the petitioner and to bring back her certain articles from there.

3. The learned Civil Judge relied on paragraph 9 of the petition and held as a fact that the respondent had not gone to Dehradun to settle with the petitioner but to settle her disputes with him. The learned District Judge did not take into consideration as to what was the intention and as to why the respondent went to Dehradun and came to the conclusion that for at least three days, the respondent stayed wit