Special Marriage Act : Court to which petition should be made. Indian Bare Acts :

Special Marriage Act,1954

Act No : 43

Section : Court to which petition should be made.

31. Court to which petition should be made.-3[(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose 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, --------------------------------------------------------------------- 1 Subs. by Act 68 of 1976, s. 30, for certain words (w.e.f. 27-5- 1976). 2 Certain words omitted by s. 31, ibid. 3 Subs. by s.32, ibid., for sub-section (1). --------------------------------------------------------------------- residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive.] (2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this subsection, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.