Anonymous
in Family Law Civil Procedure Law
Asked July 22, 2017

Jurisdiction of Family Court

  • 2 Answers
  • 725 Views

Section 19 in The Hindu Marriage Act, 1955 1.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 solemnised (Degloor, MH ,Taluka Place in Nanded ) (ii) the respondent, at the time of the presentation of the petition, resides (Pune,MH) (iii) the parties to the marriage last resided together, or (Mumbai,MH) 2 [(iv) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, (Degloor,MH Taluka Place in Nanded) (v) the petitioner is residing at the time of the presentation of the petition,(Degloor,MHTaluka Place in Nanded). Wife has filed divorce petition in Nanded(District Place MH).Can Family court run this petition ? If Yes ! Will it come under Jurisdiction error ?

Answers 2

No, the case is filed in proper court. Family court of Degloor, MH is court of competent jurisdiction.

Agree Comment 0 Agrees over 4 years ago

The petitioner at the time of filing the petition was residing in Degloor which is a district in Maharashtra. Hence, filing a petition in Nanded which is also a district in Maharashtra shall be considered to be a court of competent jurisdiction. Further this case will not fall under jurisdictional error. The petitioner at the time of filing the petition was residing in Degloor which is a district in Maharashtra. Hence, filing a petition in Nanded which is also a district in Maharashtra shall be considered to be a court of competent jurisdiction. Further this case will not fall under jurisdictional error.

Agree Comment 0 Agrees over 4 years ago

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