1 D.B. Civil Special Appeal No.114/2007 Smt. Mamta vs Anshuman Choudhary DATE OF ORDER : -1.5.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr.Arjun Purohit, for the appellant. Mr.IR Coundhary, for the respondent. <><><> At the request of learned counsel for the parties the appeal itself is heard finally. According to learned counsel for the appellant, the appellant raised objection about the jurisdiction of the court at Balotra where the divorce petition has been filed by the respondent. Learned counsel for the appellant also submitted that appellant sought transfer of the case from the court of Balotra to the Court at Jaipur on the ground that she is residing at Jaipur and her husband is also not residing at Balotra and her husband is posted at Jalendhar. According to learned counsel for the appellant just to harass the appellant, the divorce petition has been filed at Balotra. Since the appellant's contention is that Balotra court had no jurisdiction, therefore, it will be appropriate that appellant may move an application raising objection about the jurisdiction of Balotra court, which may be summarily decided by the trial court on the basis 2 of evidence by way of affidavit, which may be filed by both the parties. The issue of jurisdiction be decided within a period of three months preferably by 31st July, 2008 because of the fact that it is a matter relating to matrimonial dispute where early disposal of the even main case is expected. However, it is made clear that in case, Balotra court decides the issue of jurisdiction against the appellant then appellant will be free to move application for transfer of petitioner on other grounds. Hence, the appeal of the appellant is disposed of with liberty to the appellant and the trial court is expected to decide the issue of jurisdiction uninfluenced by the order passed by the learned Single Judge or by this Bench. Both the parties shall move appropriate application on the next date fixed by the trial court and because of paucity of time not possible then seek time from the trial court and present the application within seven days thereafter so that issue can be decided by the trial court expeditiously. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J. c.p.Goyal/-