Court No. - 3
Case :- FIRST APPEAL No. - 297 of 2018 Appellant :- Radha Devi Respondent :- Gajendra Pratap Singh Counsel for Appellant :- Narendra Mohan,Harinank Mauli Vikram Dwivedi,Harish Chandra Mishra
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri Narendra Mohan, learned counsel for the plaintiff-appellant.
A decree of dissolution of marriage between the parties by mutual consent under section 13-B of the Hindu Marriage Act (hereinafter referred to as the Act), was passed on 25.9.2017 by the Family Court at Nagpur.
The plaintiff-appellant instituted a suit for declaration of the aforesaid decree as null and void in district Kaushambi.
The aforesaid suit has been dismissed by the impugned order dated 9.1.2018 on the ground that the court at Kaushambi has no territorial jurisdiction in the matter.
The submission of learned counsel for the plaintiff- appellant is that after the decree of divorce by mutual consent was passed, she started living in her village at Kaushambi, therefore, part of the cause of action had arisen to her for filing the suit in district Kaushambi.
The plaint allegations reveal that the cause of action for the suit had first arisen to the plaintiff-appellant on 17.3.2017 when she was taken to Civil Court at Nagpur and was forced to sign the joint petition under section 13- B of the Act. The cause of action next arose to her after six months on 25.9.2017 when again she was taken to Civil Court at Nagpur and was presented before it so as to obtain the decree of divorce by mutual consent. The third occasion for the cause of action is said to have arisen on 5.10.2017 in the night when she was thrown out from a car in her village in Kaushambi by her in-laws.
On the first two occasions, the entire cause of action to the plaintiff-appellant for instituting the suit, if any, had arisen at Nagpur. On the third occasion, the action of the in-laws of throwing her from car is not part of the cause of action to institute the suit. The said action is no way connected with the decree of divorce by mutual consent and therefore, on its basis it cannot be said that any part of cause of action had arisen to the plaintiff-appellant to file the suit in Kaushambi.
In view of the aforesaid facts and circumstances, as neither the cause of action nor any part of it for filing the present suit had arisen in district Kaushambi and since the defendant-respondent is also not residing in Kaushambi, the court below has rightly dismissed the suit for want of territorial jurisdiction.
There is no substance in the appeal and the same is accordingly dismissed.
Order Date :- 25.4.2018/SNT/