Rahul Sharma 03 August 2017

Urgent: jurisdiction to file hma sec 9 for husband

Hi,

I got married in Nainital and my in laws stay in Nainital. After marriage we stayed in Meerut and Ghaziabad (Ghaziabad= last resided place). My wife desserted me at ghaziabad and I currently stay in Bangalore. I want to file RCR Sec 9 HMA. Can I file it in Bangalore where I stay currently?

Thanks,

Rahul

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3 Replies

Adv Radhika Mehta (Advocate) 03 August 2017

The Petition as per SEction 19 of the Hindu marriage Act can be presented in the courts within the local limits of which:-

(i) the marriage was solemnised, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

41 [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]

Given your circumstances, it would be difficult to file it in Bangalore.

Rahul Sharma 04 August 2017

Thanks Radhika for your reply.

What can I do to make it stand in Bangalore?

Adv Radhika Mehta (Advocate) 04 August 2017

Not possible. See if you were able to get your wife to stay with you at Bangalore, you could have filed there. But your case is for RCR so that is obviously not possible. You can file in Nainital or Ghaziabad and appoint a POA to represent you there. Even if you file at Bangalore, your wife can get the matter transferred to Nainital. Im assuming thats where she is presently living.