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Anand Raj   07 September 2017

Territorial jurisdiction

This is regarding filing divorce petition 

i have filed petition but it is held under office objection dueto the jurisditional issue

i last stayed in the Electronic city bangalore, but wife left the matrimonial home since 2 years (Last stayed with wife)

and right now she stayes in other part of karnataka which is 500km away from bangalore (wife currently staying)

and right now i am staying in the city limits of bangalore , as i am working here right now (Presently staying here).. so i have filed the petition in the family court where presently staying.. but looks i have heard from my lawyer saying that petition is under ofice objection, and also they are specifying that this cas has to be filed in the last resided jurisdition or where the wife is staying not in the place where i am aresiding presently 

why not it is not supposed to be filed in the place where presently petitioner is residing and there is family court?

 

Thanks 

Anand



Learning

 11 Replies

Raveena Kataria (Advocate )     07 September 2017

Hi! Section 19 of the Hindu Marriage Act shall make things more clear for you. Have a look:

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.

Advocate Bhartesh goyal (advocate)     07 September 2017

Rightly advised by expert Raveena Kataria.
1 Like

Anand Raj   07 September 2017

As i am the petitioner, 4 th point mentioned above by raveena of the HMA holds good right? but i dont understand wh ythe petition is under hold with office objection 

kavksatyanarayana (subregistrar/supdt.(retired))     07 September 2017

This Act is amended as No.68/1976. As per amendment Act. the reply given by expert Raveena Kataria holds good.  Your wife is residing in the territory (State) where you residing.  so office objection.

Raveena Kataria (Advocate )     07 September 2017

You said that your wife stays in another part of Karnataka. Section 19 (iv) is not applicable in your case as the respondent (your wife) does NOT reside outside the territories to which this Act extends.

pankaj verma   07 September 2017

court will go with females regarding these matters for her comfort or safe...

Anand Raj   07 September 2017

so i have to either file in the last resided place or where the respondent resided..?

but i have filed it in the jurisdiction where i am currently residing , and case numbr is also given,, these office objections are delaying the notice issue.. 

what best i probably should do now? jusge has given date in next week..

it will be good if this case runs in the place where i am residing.. as i work in this area itself..

 

any suggestions are accepted..

 

Raveena Kataria (Advocate )     07 September 2017

In my opinion, best that you withdraw your current plaint and file a fresh one in the Family Court nearest to your wife's current residence.

Anand Raj   08 September 2017

but she stays is very far from my place and i am working in bangalore.. i dont know any lawyers in her place.. thats gonna be verry difficult

shall i go and file i n the last resided jurisdiction which is 20 km from current residing place?

P. Venu (Advocate)     08 September 2017

You can re-file the petition in terms of sub-section (i) or (iii).

sai narayana   08 September 2017

Originally posted by : Anand Raj
but she stays is very far from my place and i am working in bangalore.. i dont know any lawyers in her place.. thats gonna be verry difficult

shall i go and file i n the last resided jurisdiction which is 20 km from current residing place?

You are spot on now.


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