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RISHI JI   02 February 2022

Divorce jurisdiction

at the time of marriage husband lived at delhi now live at agra
Can husband file divorce case outside of Delhi as per law.

place of marriage Delhi
last reside at Delhi
Girl also reside at Delhi.
all matrimonial litigation running at Delhi courts.


Learning

 4 Replies

Parasar   02 February 2022

   

section 19 of family courts act. 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
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 or more by those persons who would naturally have heard of him if he were alive.

As per section 19 of hindu mariage act you cannot file the divorce petition in agra

1 Like

Advocate Bhartesh goyal (advocate)     02 February 2022

Husband can file divorce petition at place where marriage was solemnized or where both husband and wife lastly lived together.Agra is neither the place where marriage was solemnized nor both spouses lived lastly together there so can not file divorce petition at place Agra.

SHIRISH PAWAR, 7738990900 (Advocate)     02 February 2022

Hello,

As per query the jurisdiction will be Delhi only. It is beneficial to file divorce petition in Delhi as other cases are already filed in Delhi. 

Megha   03 February 2022

Hi,

Section 19 of the Hindu Marriage Act, 1955 mentions the court to which a petition for divorce maybe presented.  As per the section every petition sahll be presented to the district court within the local limits of whose ordinary jurisdiction:

1. the marriage was solemnised; or

2. the respondent resided at the time pf presentation of petition; or

3. both the spouse last resided; or

4. in cases where the wife is the petitioner, jurisdiction shall be the place where she is residing on date of presentation of appeal; or

5. If the respondent is residing outside the territories of India or has not been heard of as being alive for a period of seven years or more, the jurisdiction will be that residence of the petitioner at the time of presentation of the appeal.  

In the instant case since the marriage was solemnised at Delhi and ordinary residence was also Delhi coupled with the fact that other proceedings are going on in Delhi, the jurisdiction for filing the petition will be Delhi.  

Best regards,
Megha


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