Divorce petition jurisdiction

Yes, your information regarding the jurisdiction is correct. So, your advocate should not have much difficulty in getting her petition dismissed on the ground of territorial jurisdiction. Since the law is clear on this point, you might not need judgements on this point, but if required, your Advocate would be having some.

you can simply state in writing to the judge that the jurisdiction is not as per section 19 of HMA. Kindly dismissed her petition..

Hemant

I “slightly” differ to @ Prashant and say if Court Notices are shown to be un-served at Surat then Jurisdiction “should” be challenged.

Mere stating Jurisdiction clause if luck with his side it may get dismissed but I don't think the lady will keep quite and not go to HC at AMD as why should she like to travel all the way to Bangalore when only point of contention raised by him is that the lady is living - working at AMD whereas showing Surat which is her natal home as Memo Address but distance between Surat - AMD is only 205 kms. for her and then she always has extra brahmastra (reason) that is she can always say hajoor my job is at AMD which is a temporary one and gives her some below poverty line salary somehow which somehow looks after her basic needs and her older than oldest and now too sick parents and her parents somehow live at Surat dependnet upon my megar income so anyhow if I have no job then I have no money and moreover hajoor -eh- alah see - see HE has already kicked me out of my matrimonial home so it is obvious I will be forced to go back to Surat wihtout any work and be dependent upon my parents without source of any income and till date no Court Notices were un-served at Surat address and moreover hajoor you also should think about all these and if you want forward this case to District Judge Court to pass reference to State HC to transfer it to AMD then do so just today as if my job at AMD is one and the only contention point for HIM but I will never travel to Bangalore as I am destituted deserted by him petitioner to a cruelest of the most cruel husband J.

Any idea brother @ Prashant how to counter this stri hath question which even Hon’ble SC sees through he he thus takes only 20 seconds to pass such TP (C)'s in women's favour ? Well, it is just a brotherly discussion not challenge ji to prepare BLR wala bechara husband….. J

However as asked Jurisdiction in HMA which you correctly reproduced above could be referred and found in

https://www.indiankanoon.org/doc/371013/

AMD = Ahmedabad and not Intel AMD processor but it is one and the same when matrimony query cometh before us J

@tajobsindia some more facts off the case:

All Private Sctor Jobs are temporary for that matter:

She is and has been earning very well

Can prove that her parents are doing very well "economically"

The woman left on her own, she was never forced out

All Private Sector Jobs are temporary for that matter:

Take: So?

She is and has been earning very well

Take: So?

Can prove that her parents are doing very well "economically"

Take: You married her not her parents, so ?

The woman left on her own, she was never forced out

Take: Both sides says the same initially, then it becomes a matter of trial.

Moreover concealing the fact from the court that she is living in AHD and not in Surat itself amounts to a crime

Take: Is it crime to migrate 205 kms. and work for a living when husband has kicked me out and giving resience address for receivng summon that of my parents living 205 kms. away whom I visit in flassh 1- 1/2 hrs. since Gujarat has some of the best highways hazoor ?

What do you say?

Take: See method to what you want to challenge? You say you are living at BLR – Right?. If you want to challenge on jurisdiction then first you will have to challenge in same court where she filed as your sides "preliminary objections". If it goes against you then you have to come to SC to get it transfer to BLR which cost good money. On the contrary if you succeed then it will shift 205 kms. to Surat that is all but still you have to represent your side in Gujarat State but now at Surat so what difference "dismissal" may make to you if a wife is seeking just a divorce; unless you want to save matrimony by not giving her a divorce?

BTW, I am on your side behind these discussions, you asked so I too am asking throwing on board some situations J

[Also we donot know your special facts as to why you are stuck here when a WIFE has filed divorce? Don't you think to be lucky on the contrary many feel so provided no criminal sword hanging J]