- (1.) THIS appeal has been filed by Janak Dulari under Section 28 of the Hindu marriage Act and arises out of her husband's application under Section 9 of the said Act for restitution of conjugal rights. The parties were admittedly married on 30-4-1945 at Nakodar (District Jullundur) and the present application was made on 10-11-1955 in Amritsar Courts. The wife objected to the jurisdiction of the amritsar Court on the ground that the parties had last resided together at gurdaspur and that she was residing at the time of the application at Palampur. The trial Court framed a preliminary issue regarding its jurisdiction and the additional District Judge after recording evidence came to the conclusion that the parties had last resided together at Amritsar and therefore he had jurisdiction to hear the application. It is against this interlocutory decision that the present appeal has been filed.
(2.) SECTION 19 of the Hindu Marriage Act deals with the jurisdiction of Court and it reads: "every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or last resided together". In the present case the marriage was solemnized to the district of Jullundur but this application has been made in the Amritsar Court. Therefore the Court where the husband and wife reside or last resided together is the Court where the application would lift, It is common ground that at one time both parties resided together in Amritsar where the applicant is employed. The wife's case, however, is that she last resided together with her husband in the house of her sister's husband in Gurdaspur, and that therefore the Amritsar Court has no jurisdiction. Narain Das applicant is admittedly employed in the Medical College, Amritsar. It is common ground that after marriage the parties lived together at Amritsar from july 1955 to 13th October, 1955, when they separated. The husband's case is that his wife left him and went away to Gurdaspur while her case is that Narain Das gave her a beating on that day and she left for Gurdaspur. It is again common ground that the husband went to Gurdaspur on 14-10-1955, to fetch and that he stayed there till 16-10-1955. Ultimately he returned to Amritsar on 17-10-1955. The husband's case is that he was not allowed to see his wife by her relations while Janak Dulari's case is that reconciliation was brought about and that they lived together as husband and wife till the 16th, It is difficult to believe the story of reconciliation at any time during these three days as otherwise there would be no occasion for this petition for restitution of conjugal rights. It is not the case of janak Dulari that any dispute arose between the parties after this alleged reconciliation. Even if Janak Dulari's version is accepted, the stay for three days in the house of her sister's husband cannot be considered as last residence' within the Act. The word 'reside' implies something more than a mere brief or flying visit, (vide Sardari Lal v. Mst. Kaushalya Devi 1956-58 Pun LR 562 : ( (S) AIR 1957 Punj 84) ). In the present case obviously the husband's visit to Gurdaspur was a brief and flying visit to bring about reconciliation and it was riot his purpose to ga to gurdaspur and reside there particularly when ha Was employed in the Medical college, Amritsar, arid could not remain absent from there for any length of time. I have therefore, no hesitation in holding that the husband and wife last resided in amritsar and not in Gurdaspur within Section 19 of the Hindu Marriage Act and the amritsar Court has jurisdiction to hear the case.
(3.) THE learned counsel for the appellant then raised two new points which were not raised in-the trial Court. As these points are law points involving the Court's jurisdiction, I allowed him to argue them.;