Smt. Jagruti Suresh Kadam v. Mr. Suresh Namdevrao Kadam

osk 6-cra-468-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 468 OF 2017 Smt.Jagruti Suresh Kadam ...

Applicant V/s.

Suresh Namdevrao kadam ...

Respondent • Mr.Ashutosh S. Kale i/b. Mr.Rajesh S. Jadhav for the Applicant. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 19th MARCH, 2018.

P.C. :

1] Heard learned counsel for the Applicant.

2] By this Civil Revision Application, filed under Section 115 of the Code of Civil Procedure (for short, "C.P.C."), the Applicant is challenging the order dated 16th June 2017 passed by the Court of Civil Judge Senior Division, Kalyan, below the Application at Exhibit-28, which was filed for framing of "Preliminary Issue" relating to territorial jurisdiction of the Court to entertain the petition bearing H.M.P. No.7 of 2014 filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

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osk 6-cra-468-2017.odt 3] Needless to state that, the Respondent, who is Original Petitioner before the trial Court, in paragraph No.14 of the Marriage Petition, categorically stated that he is residing at Ulhasnagar and he and present Applicant have cohabited together for some period at Ulhasnagar.

4] In view thereof, the trial Court has rightly rejected the application filed for framing of additional issue relating to jurisdiction. 5] Therefore, in Revisional jurisdiction, no interference is warranted in the impugned order. Hence, Civil Revision Application stands dismissed.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2