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Soma Devi vs Jai Lal on 28 February, 2020

Bench: Mohan M. Shantanagoudar, R. Subhash Reddy

      ITEM NO.35                               COURT NO.13                    SECTION II-C

                                   S U P R E M E C O U R T O F I N D I A
                                             RECORD OF PROCEEDINGS

           Petition(s) for Special Leave to Appeal (Crl.)                   No(s).     3177/2019

      (Arising out of impugned final judgment and order dated 27-02-2019
      in CRMMO No. 360/2018 passed by the High Court Of Himachal Pradesh
      At Shimla)

      SOMA DEVI                                                               Petitioner(s)

                                                         VERSUS

      JAI LAL                                                                 Respondent(s)


      IA No. 59250/2019 - EXEMPTION FROM FILING O.T. IA No. 57276/2019 -
      EXEMPTION FROM FILING O.T. IA No. 59248/2019 - PERMISSION TO FILE
      ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

      WITH

      SLP(Crl) No. 10684/2019 (II-C)

      Date : 28-02-2020 These matters were called on for hearing today.

      CORAM :                HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
                             HON'BLE MR. JUSTICE R. SUBHASH REDDY


      For Petitioner(s)                 Ms. Divya Roy, AOR

                                        Ms. Radhika Gautam, AOR

      For Respondent(s)                 Ms. Divya Roy, AOR


                         UPON hearing the counsel the Court made the following
                                                 O R D E R

The High Court has remanded the matter holding that the Chief Judicial Magistrate, Bilaspur did not have jurisdiction to proceed with the matter.

Digitally signed by GULSHAN KUMAR ARORA Date: 2020.03.04 16:50:19 IST Reason:

Learned counsel for the petitioner-wife concedes that the jurisdiction rests with the Court at Arki, District Solan, HP.  2 This fact is also not disputed by the learned counsel for the respondent.

If it is so, the matter has to be decided by the concerned Court at Arki. Ordered accordingly.

Let the records of the case be transferred to the concerned Court without delay.

All the questions are left open to be urged by the parties. The special leave petitions are accordingly disposed of. Pending applications, if any, stand disposed of accordingly.

(GULSHAN KUMAR ARORA)                          (R.S. NARAYANAN)
     AR-CUM-PS                                    COURT MASTER