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In Order to avoid Delay, Can a Divorce Suit be filed at SC?

Querist : Anonymous (Querist) 02 March 2010 This query is : Resolved 
Dear Experts,

Que.1.In Order to avoid Delay, Can a Divorce Suit be filed directly at Supreme Court?

This Question I am asking because their is always a scope to challenge the lower court orders in the next higher court, in such a context what is wrong in opting for Supreme court directly Which would delay the process of justice!
Sukhija (Expert) 02 March 2010
There are always steps to be followed. No u cannot file directly in SC any suit.Filing and trial has to be done in lower court ONLY.
Sarvesh Kumar Sharma Advocate (Expert) 02 March 2010
no there is no provision file divorce pitition before supreme court.
in the process of justice if review is there then there is no problem.

process is process and it for all.
Guest (Expert) 02 March 2010
I do agree with experts.
Parveen Kr. Aggarwal (Expert) 02 March 2010
Mr. Anonymous,

Law has provided a procedure for filing of any kind of litigation. A petition is to be filed only in accordance with the procedure prescribed. Section 19 of the Hindu Marriage Act, 1955 provides in the following manner:

"19. 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."

Section 3(a)of the Act defines a District Court to mean, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes
any other civil court which may be specified by the State Government, by notification in the Official Gazette, as
having jurisdiction in respect of the matters dealt with in this Act.

So, it is only a District Court wherein such a petition can be filed and in no other court.

There is scope for challenging order of lower court to higer courts in almost all types of cases. If the course stated by you is permitted to be adopted then nobody would file case in any lower court and all the cases would be filed directly in the Supreme Court and then also there will be delay in disposal of the cases.
Querist : Anonymous (Querist) 02 March 2010
Thanks to all the Experts specially to Parveen whose replies has always been very elaborative yet very simple, Thanks once again to all the Experts.
G. ARAVINTHAN (Expert) 05 March 2010
I agree with Parveen as Section 19 is right
G. ARAVINTHAN (Expert) 05 March 2010
In so far as concerned about jurisdiction too you need to file before the Competent Family Court as if it is the right Forum to conduct the case


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