R.L.ANAND, J. - (1.) THIS is an appeal filed by Smt. Shyma and has been directed against the order dated 13.8.1998 passed by Additional District Judge, Ludhiana, who returned the petition under Section 13 of the Hindu Marriage Act filed by Smt. Shyma to her for presentation to the competent court of jurisdiction.
(2.) SOME facts can be noticed in the following manner:- Smt. Shyma filed petition under Section 13 of the Hindu Marriage Act against her husband Sanjay Chopra for dissolution of her marriage with the respondent on the averments that she was married with the respondent on 20.4.1982 and the parties lived as husband and wife. A male child was born out of the wedlock on 18.1.1994. The appellant has sought divorce on the ground that the respondent treated her with cruelty and has also deserted her. The respondent filed the written statement and denied the allegations. He took preliminary objection that since the marriage was solemnised at Delhi where he permanently resides and the parties last resided together at Delhi, therefore, the Court at Ludhiana has no territorial jurisdiction to try the matter. Issues were framed and issue No. 4 was treated as preliminary. This issue runs as follows:- "Whether this court has no territorial jurisdiction to entertain and try the petition ? OPR"
(3.) THE parties addressed arguments before the trial Court and for the reasons given in paras 9 to 16 of the impugned order the petition was ordered to be returned for presentation before the competent Court of jurisdiction.;