Jurisdiction ??

coudn't this be more simple..i dunno maths and when i read this post , it reminds me of those theorems only...

anyways a divorce cud be filed in city p..as far as i cud make of the question..

i disagree !

P can not be jurisdiction.

experts, pl. clarify.

ur disagreement makes me wonder that u know the answer urself ....hmmmm

Can city P be proper jurisdiction ??

Yes,Aishwarya is right.Parental home me wife stay karti he to wife ko easy raheta he thats why law gives her permission.

Jeewanti pandey vs krishna Chandra pandey  1981 Supreme Court Said:”the word “resides” must mean actual residence and not a legal or constructive residence; it certainly does not connote the place of origin. In order to give jurisdiction on the ground of “residence’, something more than a mere temporary stay is required. It must be more or less of a permanent character.”

Under the original HMA, a wife can file for divorce only at one of the 3:
1. where the husband presently resides
2. where the husband and wife both last resided together
3. where marriage happened

BUT after 2002, situation has become worse for husbands. Now the wife can file for divorce where she resides (parental home guess kar lo)(as per the indian divorce act 2002).

1. Where marriage has taken place
2. Where husband and wife started living soon after the marriage and prior to separation
3. Where the respondent is residing
4. Wife can also file a case from the place where she is residing after leaving matrimonial home.

The wife can file wherever she resides after separation. The husband can also file the divorce petition from his place of residence at the time of filing.

@ Kushan Vyas, 

can u pl. forward the link of Indian divorce act, 2002.

Does Indian divorce act apply only to Christians ?

First, disagreement with Aishwarya & now with Kushan Vyas.

Zagde ka din hai bhai aaj !!

can u pl. forward the link of Indian divorce act, 2002.

THE INDIAN DIVORCE (AMENDMENT) BILL, 2001

Does Indian divorce act apply only to Christians ?

Read this judgment;https://www.indiankanoon.org/doc/1231919/

https://www.indiankanoon.org/doc/706144/

This reference has been made for judicial determination of the following questions which vitally concern the jurisdiction of this Court in matrimonial matters where the parties are Christians.

the parties in this thread are Hindu.

thnx kushan...and shantanu ji..

relax no one's fighting or putting any argument.... shaant ekdum shaant ho jao lolz

Dear all,

As per the amendment in 2003, Hindu Marriage Act confers jurisdiction for a wife to present the petition at the place where she resides.

Section 19 iii (a) clarifies ur doubt.

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 solemnised, 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

²[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, 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.]

thanx.

Why so much  confusion on this issue?

It is very much clear wife can file divorce only:

1. Actual place of Marriage

2.Last place of residence  as husband and wife ( not alone)

For many states time is also defined for example in AP lawyers submit proof of residing 1 year. ( old bills etc)

Wife can file any where and husband can oppose on above basis, courts permit only in cases where wife gives necessary reasons to submit in  city  1 or 2 place i.e no income, need money to travel etc etc...