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Vijay Kumar   31 January 2021

Law student. about cpc.

A a women married B at Thirupati and parties live together for some time at vijawada. Thereafter for some reasons, B left the house and settled at Delhi. A came to his parents who are living at chittoor. she want to file a maintenance suit as well as divorce petition. Decide the jurisdiction of the court where she can file a suit against B.


Learning

 2 Replies

Kevin Moses Paul   31 January 2021

This jurisdiction applies to a marriage solemnized under Hindu Marriage Act (HMA, 1955) only.
And therefore, Section 19 of the HMA Act provides information for the Court to which petition under this Act shall be presented.

Every petition under the Act shall be filed with the District Court (family courts of the District). In this regard the court shall be the one who has competent jurisdiction over places where:-

1.) The Marriage was solemnized, or

2.) The respondent at the time of the presentation of the petition resides, or

3.) The parties to the marriage last resided together, or

4.) In case wife is the petitioner, where she is residing on the date of presentation of the suit, or

5.) The petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years.

Down below I'm leaving a link for a matter decided set on such a ground, have a look for further reference.

https://indiankanoon.org/docfragment/98974439/?formInput=divorce%20petition%22%20%22territorial%20jurisdiction%22

Khushi Mehta   02 February 2021

Good evening,

Under this situation, a petition will have to be filed under the Hindu Marriage Act, 1955. Every petition under the Act shall be filed with the appropriate District Court or family courts within the local limits of ordinary civil jurisdiction as per Section 13 of Hindu Marriage Act, 1955 which talks about divorce. In the above situation, A, a married woman can file a suit at Chitoor district court as she is residing on the date of presentation of the suit at Chittoor.
The petition should include details such as:-
• The facts and details based on which the relief is sought by the petitioner (A, here).
• That the parties are not deceiving the court by collaborating
• The averments made are verified.
The documents required are:-
• Income tax statement for past 3 years
• Details of the profession and present remuneration
• Personal information
• Asset ownership details
After filing a petition for divorce, Section 24 of the Hindu Marriage Act, (HMA) 1955 allocates for maintenance. During the pendency of the divorce proceedings at any point of time if the wife establishes that she has no sufficient independent income for her support, it is open to her to claim maintenance pendente lite; Manokaran v. Devaki, AIR 2003 Mad 212. Under this Act, only a wife has a right to claim maintenance. A Hindu wife under this act shall not be entitled to separate accommodation and maintenance from her husband if she is unchaste or converts to another religion. According to a Supreme Court ruling, a working wife can claim maintenance if her income is not sufficient to sustain her. The Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.

Regards,
Khushi.

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