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sanjeev001 (executive)     23 August 2011

In case of marriage dispute, where is the court jurisdicatio

Dear sir/madam,

        in case of legal matters arising in a marriage, where can a divorce or legal proceedings be filed by either party?, is at the place where the marriage was solemnized, and place of residence of groom is, or is it at the womans place, especially if the both the people are from different states, according to law, where is the jurisdiction held. pls advice



Learning

 3 Replies

Advocate M.Bhadra   23 August 2011

To file a matrimonial suit jurisdiction would be where the marriage was solemnized or where the both paries were last residing.But wife may file a maintenance case u/sec.125 Cr.P.C. where she is residing now.

Tajobsindia (Senior Partner )     23 August 2011

@ Author

Two pointers ;

1. Section 19 in The Hindu Marriage Act, 1955

19. 1[ 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
(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.]


2.
For overall better understanding of Point of Law

Re. :
Jeewanti Pandey vs Kishan Chandra Pandey
By Hon'ble SC Decided on 20 October, 1981
Equivalent citations: 1982 AIR, 3 1982 SCR (1)1003

https://www.indiankanoon.org/doc/670599/ 

rajesh kulkarni (Lawyer/Advocate Hyderbad 7799116901)     24 August 2011

for filing Martimonial its the place of marriage n for maintenance u/s 125 Cr.P.C its the present place of residence


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