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1963 Supreme(Online)(Bom) 13

BOMBAY HIGH COURT
, J
Hariram – Appellant
Versus
Shrimati Jasoti – Respondent


Advocates:
For the Appellants/Petitioners: R. N. Deshpande
For the Respondents: K. S. Mishra

Table of Content
1. applicant's circumstances surrounding marriage and separation. (Para 1 , 3 , 4)
2. jurisdiction interpretation under the hindu marriage act. (Para 5 , 6)
3. discussion on legal rights post-partition. (Para 7 , 8)
4. application of prior case law to present jurisdiction issues. (Para 9)
5. final ruling allows jurisdiction under unique circumstances. (Para 10 , 11)

1. The applicant Hariram has filed this application against the order of the Assistant Judge, Nagpur, in Civil Appeal No. 200 - A of 1960, rejecting his appeal against an order under O.7, R.10, Civil Procedure Code , by which the Civil Judge, Senior Division, Nagpur returned his petition for granting a decree of divorce under S.13 of the Hindu Marriage Act for presentation to proper Court.

2. No appearance is put in on behalf of the opponent though names of two counsel are shown as having entered appearance on behalf of the opponent. Shri R. N. Deshpande, an Advocate of this Court, intimated at the commencement of the hearing that Shri K. S. Mishra was in charge of the case and he had no instructions. I have declined to adjourn the hearing as the case was posted as first case on today's board of which notice























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