Prafulla C. Pant, J.:-

Sri L.K. Tiwari, Advocate present for the appellant.

2. None present for the respondent even after service of notice.

3. This appeal, preferred under sec­tion 19 of the Family Courts Act, 1984, is directed against the judgment and decree dated 31.03.2010 passed by Judge, Fam­ily Court, Nainital, in suit no. 52 of 2009 whereby the said court has dismissed the petition moved under section 13 of the Hindu Marriage Act, 1955, on the ground of lack of territorial jurisdiction.

4. Heard learned counsel for the ap­pellant and perused the lower court record.

5. Brief facts of the case are that ap­pellant Chatur Singh Negi got married to respondent Rajni Devi on 30.04.1998 at Raiwala, District Dehradun. It is pleaded by the petitioner/appellant in his petition filed under section 13 of the Hindu Mar­riage Act, 1955, that after the marriage relations between the parties to matrimony get soured. It is alleged by the petitioner that respondent did not care even for the daughter bom out of the wedlock. It is fur­ther pleaded that respondent treated the petitioner with cruelty, as she used to threaten him that by committing suicide, she would get the petitioner sent to jail. Sh

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