Jurisdiction on matrimonial dispute
Querist :
Anonymous
(Querist) 18 January 2012
This query is : Resolved
Sir,
What is the jurisdiction of the family court in a divorce proceeding to be initiated by a Hindu wife against her husband?
Devajyoti Barman
(Expert) 18 January 2012
what is the query?
The court pass any order as it is empowered by the Marriage Act.
Querist :
Anonymous
(Querist) 18 January 2012
Sir,
I mean territorial jurisdiction
Advocate. Arunagiri
(Expert) 18 January 2012
THE HINDU MARRIAGE ACT, 1955
S.19. Court to which petition shall be presented.
1[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.]
Raj Kumar Makkad
(Expert) 18 January 2012
Barman has also understood the meaning of query when he saw its proper reply given by Arunagiri.
No reason to differ with the legal position as told above.
Advocate M.Bhadra
(Expert) 18 January 2012
Rightly advised by Advocate Arunagiri,follow as per provision of Law.But one more point to be added as(v) In case the wife is the petitioner,the petition can be presented where she is residing on the date of presentation of the petition.
Deepak Nair
(Expert) 18 January 2012
Rightly advised by the experts.
Shonee Kapoor
(Expert) 18 January 2012
Nothing left to add, it is mentioned clearly in the act.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
