Chandrawati vs L. Suraj Narain - 1954 Supreme(All) 154

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1954 Supreme(All) 154

MALIK, V. BHARGAVA
Chandrawati – Appellant
Versus
L. Suraj Narain – Respondent

Advocates:
B.D. Gupta, for Appellant; K.C. Misra and Vishwa Mitra, for Respondent.

Judgement

MALIK, CJ.:- This appeal was filed on behalf of the plaintiff on 7-11-1946, against an order passed by the learned Civil Judge of Moradabad directing the return of the plaint for presentation to the proper Court on the ground that the Court of the learned Civil Judge of Moradabad had no jurisdiction to entertain the suit.

2. The plaintiff, Chandrawati, was married to Lala Suraj Narain in the year 1927 in Moradabad. She lived with her husband for a period of ten years and was thereafter turned out by her husband, who, it is alleged, had started illtreating her and had become a man of bad character. She started living with her mother-in-law but the mother-in-law died in 1943. The defendant, the husband of the plaintiff, had by then shifted to Delhi and the plaintiff went to Delhi to live with him, but she was again turned out and she came back to Moradabad. In October, 1944, the defendant remarried.

The plaintiff filed the suit, out of which this appeal has arisen, in the year 1946 claiming arrears of maintenance at the rate of Rs.400/-per mensem, the claim being for Rs.12,800/-, for return of certain ornaments valued at Rs.10,000/-, and for future maintenance at the rate of R