D. M. DHARMADHIKARI, J.

( 1 ) X This appeal is by the husband under S. 28 of the Hindu Marriage Act, 1955 (the Act) against the judgment dt. 22-12-1989 of the Court of I Additional Judge to the Court of District Judge, Durg, whereby although on merits, the husband was held entitled to a decree of divorce on the ground of alleged cruelty on the part of the wife, but the relief has been refused on the ground that Court at Durg had no jurisdiction to entertain the petition. The Court, on the above conclusion, returned the petition to the husband for presentation before the proper Court.

( 2 ) BOTH husband and wife are employed in Govt. service and at the time of marriage and also on the date of petition were posted at two different places. It is also admitted that the marriage between the parties took place at village Chandok in Sagar District. The husband's parental house is at village Buxwaha in Chhatarpur District. On the date of the petition filed in the trial Court seeking the decree of divorce, the wife was posted at Sagar and the husband was posted at Durg. The husband filed the petition for divorce in the court at Durg pleading that the parties last resided together at Balod, w

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