Maria Mathew (S/w engineer) 03 November 2010

Query regarding the palce to file a divorce case

Hi,

In this issue the girl has registered a divorce case in the family court in her district.

But her husband resides in different district .Also the marriage happened in her husband's place

and they place where they both resided together is her husband's district. So the guy's advocate is arguing that the case should be transferred to the court in his district and there is no law to continue the case in the court in girl's place. But it is 1 year past the case had registered and now only they are coming with this argument. Also the counseling phase is over and the counselor had given a report supporting divorce.

Actually the guy is mentally sick and he tried beating the girl's brother in the court. So the judge came to know

about his problem and the girl has no evidence to prove his mental illness. So they are now trying to move the case to some other court.

The marriage was a christian marriage. Can you tell me if there is any law that help us to continue the case in the same court?

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4 Replies

M. A. Khan (advocate) 03 November 2010

For christian Indian divorce act applies, wherein the jurisdiction lies with the court where the couple are residing or last resided.

adv. rajeev ( rajoo ) (practicing advocate) 03 November 2010

jurisdiction lies with the place of marriage or where the both resided last together.

1 Like

B Guru Murthy (A M) 05 November 2010

any judgments in this regard (about jurisdiction) as such mine is also of a same case

thanks

1 Like

(Guest)

Read this case and see para 20

Ms.Kashmira Kale vs Mr.Kishorekumar Mohan Kale on 4 March, 2010

https://indiankanoon.org/doc/765708/

20.The jurisdiction of the Court under Section 19 of 10

the Hindu Marriage Act would be where the marriage was solemnised where the Respondent, at the time of the presentation of the Petition resided or where the parties to the marriage last resided together. The aforesaid chronology shows that the parties to the marriage last resided together in the US, after the husband left for the US on 17th January 2008 and the wife joined him on 27th February 2008 until September 2008. In fact, it is the case of the husband in his Petition that the parties resided for a single night stay in his parents house at Pune before he left for his official duties on 17th January 2008. It is also his case in his Petition that his wife left for the US on 27th February 2008 and joined the Petitioner (husband) .

Just follow adv. rajeev ( rajoo ) advise jurisdiction lies with the place of marriage or where the both resided last together..