LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

nancy   02 June 2015

My divorce case file rejected

hi...m nancy(Christians) got married in 2013 in guntakal (AP) my husband's place.. after marriage fr  almost a yr i ws with my husband in hyderabad(ws AP but now it comes under Telangana)...but m  from Karnataka.. nw .seeking a divorce on cruelty grounds...nw recently i filed a case in my home has been rejected..but my advocate says i have all the rights to file case in my home town..and says we have hearing on  xxx2015 v ll fight fr it  so that the case is aceepted and filed.If  nt accept he asked us to file in place wr marriage took place. please help.. do i really have rights to file case in my hometown under judistrictions...? 


 10 Replies

nancy   02 June 2015

Try to add value to the discussion, with your each post.

FREDYCHARLES RK - Bangalore (Advocate)     02 June 2015

Hi Nancy,


Not sure the reson for rejection of your petition. As regards the jurisdicition your petition will be admitted as section 31 of the SMA 1954 is very vide and accomodotive for  you as a petitioner wife. A classic case of Karnataka HC has refined "residing" as even an intention to permanently reside since you are from Karnataka the jurisdiction should not be an encumberance. In fact even if the respondent husband is outside the territories of India this act will still apply for you as you are are domiciled in a territory where the act extends.

If in Bangalore or Dharwad happy to help


Q Slinger (NA)     03 June 2015

Thats what courts do when someone files a fake or unmaintable case under lies. So speak to your husband and ask him to bless you with a Mutually Consented Divorce.

Adv k . mahesh (advocate)     03 June 2015

you have not mentioned which address you have given in the petition filed and what was the reason for the rejection of the petition 

normally you can give your parents address as your present address and everytime your husband has to come to the court where you have filed the divorce petition

why the court rejected if you can give then the answer also will be accurate


'Women can file for divorce anywhere'


 CHENNAI: In a crucial ruling that is sure to cheer up women fighting divorce cases with husbands residing in a foreign country, the Madras high court has said that the family court in India had jurisdiction to try matrimonial litigation even if the husband is a citizen of a foreign country and not an ordinary resident of India. 

A division bench comprising Justice Elipe Dharma Rao and Justice KK Sasidharan pointed out that the amended Section 19 of the Hindu Marriage Act extended to outside India. "The fact that the husband is residing outside the territory does not prevent the wife from applying before the local designated court to redress her grievances," the bench said. 

The judges were passing orders on a case involving film actor R Sukanya and her husband R Sridharan, who is an American citizen. The two got married in April 2002 as per Hindu rites and custom at the Balaji Temple in New Jersey in the US. After nearly a year she returned to India, started to act in films, and also filed a divorce petition in 2004. As her husband did not attend the proceedings, the family court granted her divorce ex parte. 


On representation from her husband Sridharan, later the family court reversed its order. He also filed a petition in the high court to restrain the family court from hearing the case on the ground that the court in India had no jurisdiction to take up the matter involving American citizens. 

Dismissing his claims, the judges said that when the marriage was solemnised under the Hindu law, the proceedings for divorce also has to be made under the same Act. Referring to the amended Section 19 of the Act, the judges said that with effect from December 23, 2003, the wife is now entitled to file a matrimonial petition before a district court in whose territorial jurisdiction she is residing. 

The judges rejected Sridharan's claims of domicile, and said, "when the marriage was solemnised under the Hindu law, the proceedings for divorce has also to be made under the said Act. He cannot take any exception to the proceedings in India under the provisions of the Hindu Marriage Act merely on account of his US citizenship or domicile." 

Explaining the rationale behind the amendment, the judges said the original section was causing serious prejudice to women as it was not possible for them to initiate proceedings before the court in whose jurisdiction they are residing. 

"Because of the rigid provision, women were compelled to approach the court in whose jurisdiction the marriage was solemnised or the husband resides or the parties to the marriage last resided together. The jurisdiction clause as it stood originally was really unfair to women," the judges said and directed the family court to go ahead with the hearing of the actor's case and conclude it within two months.

nancy   03 June 2015

Thank u Mr.RK....

Thank u Mr.Mahesh...

I have mentioned my parents address as my present address in petition...Even m not sure of the reason the court has rejected my petition.i ws sent out as soon as Hon'ble Principle Judge has said abt the rejection... my advocate has spoke to Her. Nw my advocate says  court has given a date i have to be  present...n he ll see that court accepts the case. i Dnt know hw far he is true..depending on him ll b helpful or not....but one point i wud like mention...I have heard H'ble Principlae Judge  asking advocate that...hw this case can b accepted? Marriage place is guntakal n after marriage she ws residing in advocate replied that petitioner is from Hubli

nancy   03 June 2015


but H'ble judge asked advocate  some thing abt related judistritions and clauses for which advocate cudnt answer...


There is no particular jurisdiction for filing a divorce case.Hubli is UR paternal home,and U have shifted there after the breakup with UR husband,I don't find the reason why the judge rejected.What are the remarks mentioned by the judge on the file?

pinakiranjanchatterji   06 June 2015

Hi Nancy, As per law there are therefew jurisdictions for filing divorce petition, place of marriage, last cohabitation and place of present residence of either party, one can choose any of the aforesaid jurisdiction with proper proof of residence to file divorce petition, there must have been other grounds for rejection of the petition, which would be clearly mentioned in the order of rejection. Fir further query I can be contacted on my registered email emai id and handphone number +91-9999053229

T. Kalaiselvan, Advocate (Advocate)     19 June 2015

This appears to be a case of misrepresentation by your advocate, in my opinion, your advocate has not presented the points properly or the supporting residential evidences to the court.Once the case, as per you has been rejected, how can it be reopened without court's permission? There is something fishy, better be careful on this issue or change the lawyer.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register