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Ashok Sharma   18 February 2020

Jurisdiction of court - sec 19 of hma 1955

I was married at Odupi (Karnata) in 1989. 
 
We were married at Udupi (Karnataka).
My wife moved to USA in 2001.
In India our last place of residence as married couple was at Vasant Kunj, New Delhi from 2000 - 2001.
I moved to USA in 2007.
In USA our last place of residence as married couple was at Raleigh, North Carolina, USA
Due to matrimonial discord, I have relocated to New Delhi, India.
My wife has filed an application for divorce in Patiala Court, New Delhi.
Kindly confirmi if my assumption is correct that as per Section 19 of HMA, the appropriate court should be family court at Udupi. If so, what should be the best course  of action.
I want to contest the case. 
 
Thanks & Regards,
 
Ashok
 


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 February 2020

 Section 19 of the Hindu Marriage Act, 1955 (HMA). It deals with territorial jurisdiction of Petitions filed under the Act.

19. 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 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

(iii-a) 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.

1 Like

Ashok Sharma   18 February 2020

Sir,

Thank you for your prompt reply. 
My wife continues to stay in USA.

Kindly advise whether Patiala Court is the competent Court in our case or should the petition be filed by her in Family Court, Udupi (Kar) - the place of our marriage.

Thanks & Regards,

Ashok

 

Real Soul.... (LEGAL)     18 February 2020

You can file at the place where the marraige was solmonized or where you were residing together last time;

Means UDUPI  or NEW DELHI(U need to prove you were residing together in Delhi and that was last reside as husband wife0

 


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