K. Kannan, J.@mdashThe petition is filed against the order of dismissal of the application filed by the wife by the matrimonial Court seeking for
taking up the issue relating to the territorial jurisdiction as a preliminary issue. The trial Court accepted the objections taken by the husband that the
application was deliberately filed to delay the proceedings particularly to the fact that after the counter was filed; issues had been framed on
28.09.2011 and the petitioner had produced two witnesses and their examination-in-chief had been conducted but cross-examination was
deferred at the request of the applicant. The application relating to the issue of jurisdiction itself was moved subsequent to the commencement of
trial. The Court was, therefore, justified in rejecting the plea for taking up the issue relating to jurisdiction. Even otherwise, I am not convinced that
there is anything wrong about entertaining an application, in a case where Section 19 provides for the place of residence of the petitioner, who is
not a wife, is also possible u/s 19(4) where the respondent is residing outside the territorial jurisdiction which the Act extends. The Act extends u/s
1 to the whole of India except Jammu and Kashmir and applies to Hindu domiciled territories to which the Act extends territories outside such
terrain.
2. Learned counsel appearing on behalf of the petitioner refers to a decision of the Bombay High Court in Ms. Kashmira Kale Vs. Mr.
Kishorekumar Mohan Kale, . In the case before Bombay High Court, the parties had admittedly domiciled in USA and a decree of divorce had
been obtained in the Court in USA. A fresh petition was again filed in India also, which was treated as incompetent. In this case, the husband
claimed that he had returned to India and was an ordinary resident in Mohalla Kalian Kurali, District Mohali. Only the wife was domiciled in USA
and outside the jurisdiction of the Court and at a place beyond the frontiers of India to which the provisions of Hindu Marriage Act was
inapplicable. If the trial Court had decided not to take up the issue relating to jurisdiction as the preliminary issue, it had appropriate reasons to do
so and I do not find any cause to see this as an illegality or error of jurisdiction in dealing with the issue which is susceptible for revision u/s 115
CPC or under Article 227 of the Constitution. I am, on the other hand, prima facie of the view that the trial Court had jurisdiction to try this
petition. The revision petition is dismissed.