JUDGMENT :- This is an appeal by the defendant-appellant arising out of the following facts:

The plaintiff-respondent filed a petition under Sections 10 and 13 of the Hindu Marriage Act for dissolution of marriage and a decree for divorce. The parties were married according to Hindu rites on 1-5-1962. The plaintiff contended that the marriage was solemnised at Ujhani District Budaun. He also contended that for some time the appellant lived with him and then went to her father's house. In spite of the plaintiff's attempt, she did not return. It was alleged that the defendant-appellant was a woman of loose morals and there have been threats on her behalf to kill the plaintiff.

2. The petition was opposed by the appellant and inter alia it was pleaded that the marriage took place at village Kalva Bhoj District Shahjahanpur and the Budaun Court had no jurisdiction to try the suit.

3. The trial Court held that the marriage took place at Kalva Bhoj District Shahjahanpur and the Budaun Court had no jurisdiction to try the petition. The petition was then ordered to be returned for presentation to the proper court. It was against this decree that the plaintiff-respondent filed an appeal. In th

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