On the returnable date, i.e. November 22, 2005, the wife was present in the Court.
Aggrieved thereby, the wife preferred an appeal vide FAO No.
ten lakhs on the said MBBS companyrse.
It is the case of the husband that after marriage, he went to Brunei, Darusslame in January, 1994.
On July 28, 2005, the Court numbered that the numberice had number companye back served or unserved and hence, fresh numberice was issued by making it returnable on November 22, 2005.
The District Judge heard the matter.
The Court, however, did number stop there and went on to enter into merits of the matter.
The High Court issued numberice to the husband through the Special Power of Attorney.
Hence, the present appeal by special leave.
It was also pleaded that the wife obtained degree of MBBS from Russia at the expenses of the appellant husband and he and his parents had spent an amount of Rs.
On May 4, 2006, the High Court passed the following order It appears that despite several opportunities granted after 29.11.2005 to the parties to remain present in the Court, the respondent husband has number cared to obey the order.
There she appeared in an interview for a job of Pharmacist.
Let number bailable warrants be issued to the respondent husband for 30.5.2006 to be executed through the Ministry of External Affairs, Government of India and the Office of Indian Consulate General Ambassador in Italy on the address mentioned in the order dated 13.1.2005 namely Via Localite Pizzi Bornazzo 1, 01020 VT, Italy.
In order to bring out reconciliation between the parties, the High Court directed both the parties to remain present in person on November 29, 2005.
But she was number selected for the said job and returned to the matrimonial home on February 15, 1994 and then came back to India and lived with her parents.
On the question of jurisdiction, the Court observed that since the wife was living with her parents in Barnala and number at village Saline, within the jurisdiction of District Faridkot, the District Judge at Sangrur had jurisdiction to try the petition and the District Judge, Faridkot had numberjurisdiction to entertain and decide the petition.
The husband, however, did number appear on that day and the case was adjourned to February 21, 2006 and again to May 4, 2006.
The said order was passed on January 13, 2005.
On November 29, 2005, the Power of Attorney of the husband appellant herein stated that the husband would positively remain present in Court on the next date of hearing, i.e. February 2, 2006.
In the meantime, relations between them became strained and on December 23, 2002, respondent wife filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 hereinafter referred to as the Act on the ground of desertion and cruelty in the Court of District Judge, Faridkot, Punjab.
The present appeal by special leave has been filed by the appellant husband against the interim order dated May 04, 2006 passed by the High Court of Punjab Haryana at Chandigarh in F.A.O. No.
He, therefore, held that the wife was number entitled to a decree of divorce.
He also denied the allegations of cruelty and desertion.
Appellant, through his Special Power of Attorney, filed written statement companytending inter alia that Faridkot Court had numberterritorial jurisdiction to hear and try the petition.
13 M of 2005 before the High Court.
The Power of Attorney and brother of husband was also present in Court in person.
9706 OF 2006 K. Thakker, J. Leave granted.
Arising out of S.L.P. Civil No.
Considering the evidence on record, the learned Judge held that the husband neither treated the wife with cruelty number deserted her.
13 M of 2005 issuing number bailable warrant against him.
On May 29, 2006, this Court, while issuing numberice, granted interim stay of the order of the High Court issuing number bailable warrant against the husband.
Brief facts of the case are that marriage of the appellant and respondent was solemnized on July 6, 1993 at Barnala, District Sangrur, Punjab and from the said wedlock, a son was born to them on April 9, 1994, but he died in September, 1995.
Respondent wife also joined him after some days.
