Seth, J. - (1.)Plaintiff Smt. Nasra Begum has come up in appeal against the order dated 22nd Aug. 1975, passed by the Civil Judge, Bareilly, directing that the plaint filed by her be returned for presentation to proper court.
(2.)According to the plaintiff, she was married to defendant Rijwan Ali at Bareilly on October 20, 1963 and on that occasion the amount of dower payable to her was fixed at Rs. 50,000. Out of this amount a sum of Rs. 25,000 was to be her prompt dower and the rest her deferred dower. After their marriage the plaintiff and defendant lived at Barabanki and a son was also born to them. Subsequently relations between the plaintiff and her husband got strained and the plaintiff demanded payment of her prompt dower. The defendant instead of paying the money to the plaintiff turned her out of his house. The plaintiff thereupon filed suit No. 6 of 1974 in the court of Civil Judge for recovery of a sum of Rs. 25,000 as her prompt dower and also for possession of certain ornaments.
(3.)The defendant contested the suit inter alia on the ground that the parties lived at Barabanki, where their marriage was consummated and as the demand for dower is also said to have been made at Barabanki, the court at Bareilly had no territorial jurisdiction to try the suit.