Jurisdiction of the Family Court for Divorce Petition

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 ?

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According to Section 19 of the Hindu Marriage Act, 1955, the petition for divorce can be filed where the marriage was solemnized or where the parties last resided together or the respondent at the time of the presentation of the petition resides. Since the marriage was solemnized at Degloor, MH ,Taluka Place in Nanded, the wife as the petitioner can file the petition here and it would not be a jurisdictional error.

In the case of Smt. Uma Tiwari vs Vikrant Tiwari[1] the Court also held that after the amendment to Section 19, the petition can be filed where the wife(petitioner) resides.

Therefore the Family Court can run this petition and it would not come under Jurisdictional error.

 


[1] https://indiankanoon.org/doc/1121119/

Answered on August 16, 2017.
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