Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jurisdiction for filling divorce petition

(Querist) 10 March 2015 This query is : Resolved 
DEAR SIRS,
please give me the jurisdiction details for filling divorce petition.
At where to file petiton. as pre following situation-

boy is living at jaipur and girl's parents at jaipur. and girl is living at delhi for job. marriage was held at jaipur.
Advocate M.Bhadra (Expert) 10 March 2015
If the applicant is husband then he can file at Jaipur or Delhi and wife can file at Jaipur or Delhi


Section 19 in The Hindu Marriage Act, 1955

Court to which petition shall be presented. —Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—
(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
(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.]
Jurisdiction of the Court If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel, AIR 2003 MP 189.


Section 31 in The Special Marriage Act, 1954

Court to which petition should be made.—1[
(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction—
(i) the marriage was solemnized; 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 2[(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 by those who would naturally have heard of him if he were alive.]
(2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.
Rajendra K Goyal (Expert) 11 March 2015
The case can be filed either at Jaipur or at Delhi.
anilkumargupta (Querist) 11 March 2015
thanks for valuable suggestions.
T. Kalaiselvan, Advocate (Expert) 12 March 2015
Divorce petition can be filed at Jaipur itself or in Delhi too.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :