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1973 Supreme(All) 178

G.C.MATHUR
Surendra Kumar Asthana – Appellant
Versus
Kamlesh Asthana – Respondent


Advocates:
K.C. Agarwal and K.C. Saxena, for Applicant; P.K. Darbari, for Opposite Parties.

Judgement

ORDER :- On January 25, 1972, Smt. Kamlesh Asthana (hereinafter referred to as the 'wife') filed, in the Court of civil Judge, Agra a petition under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights against her husband Sri Surendra Kumar Asthana, the applicant in this revision. At that time and even now the husband is working and residing in Tehran (Iran). After notices were served on the husband, he on March 24, 1972, put in appearance under protest. On March 25, 1972. he filed an application stating that he was 8 foreign national and was not domiciled in any territory to which the Act extended and that he was not subject to the jurisdiction of Indian courts. He asked for time for filing written statement and prayed that in the mean time the question of jurisdiction be determined. Immediately, thereafter on March 28, 1972, the wife filed an 'application under Section 24 of the Act praying that a pendente lite monthly alimony or monthly maintenance of Rs. 2,000/-per month and a sum of Rs. 1,256/- towards the expenses of the petition may be awarded to her. The application came up for hearing before the Civil Judge on July 6, 1972. On that day the























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