Udai Narain Bajpai vs Kusum Bajpai - 1974 Supreme(All) 495

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1974 Supreme(All) 495

YASHODA NANDAN
Udai Narain Bajpai – Appellant
Versus
Kusum Bajpai – Respondent

Advocates appeared:
A.K. Banerjee and Santosh Kumar, For the Appellant / S.K. Dhawan, For the Respondent

JUDGMENT

Yashoda Nandan, J. - This is an appeal filed by the husband and arises out of proceedings initiated by him u/s 13 of the Hindu Marriage Act (hereinafter referred to as the Act) for dissolution of his marriage with the respondent Smt. Kusum Baipai by a decree of divorce. It was alleged in the petition that the parties had last resided at Kanpur and consequently the court at Kanpur had jurisdiction to entertain the petition. The petition was based mainly on the allegation that the respondent had committed adultery with persons named in paragraphs 9 and 10 thereof. However, those with whom the respondent was alleged to have committed adultery were not impleaded as respondents in the petition. The petition was resisted by the respondent. It was pleaded in defence that the parties had resided together at Lucknow and it was Lucknow court which had jurisdiction and not the court at Kanpur. It was further pleaded that since the appellant had filed his petition for divorce on the ground of adultery but had neither impleaded the alleged adulterers as respondents nor had along with the petition filed a separate application supported by an affidavit as required by Rule 6 (d) of the Rul