Territorial juridiction section 19(iiia) hindu marriage act

Have U gone through Section 19 of HMA thoroughly?

Yes sir i have gone thoroughly inside section 19 of Hindu marriage act. And i have to challenge the residency of applicant who just come to udaipur for filing the case under section 19(iiia) while working in ahmedabad. this is with the intention to harass me.

Onething is though she is employed in Ahmedabad, Udaipur being her matrimonial home, she can file the case in Udaipur too.

You have not stated that where the marriage was solemnised?, If it was solemnised in Udaipur or is she has stated her address at Udaipur before filing petition, the case very well falls within the jurisdiction of Udaipur. 

Sir,

Marriage was solemnised in Kota my Home town, Last stay was also kota. Never stayed in udaipur or ahmedabd as dispute went in shot spell of time. She was working in permanent job at ahmedabad before marriage and after marriage even. She says that its non trasferrable job. Her parents live in udaipur but live in rented house and their ancestors are from udaipur district.

Its question under section 19(iiia) of Hindu marriage act, which says in case wife is a petitioner she can file the petiton at a place where she is residing at the time of presenting this application.

My wife just comes to file an application in udaipur and continues her job in ahmedabd, i need suitable decisions from apex court to challenge this decision.

You want to challenge the jurisdiction alone or the case filed by her because if you concentrate on the jurisdiction  point alone, then it means you dont have anything to contest in the main  divorce case, see you dont miss out the main subject in the name of looking  for unimportant things of the case.

You can very well start challenging the case from jurisdictional point too.  If you can  prove that  she has been working and still working in Ahmadabad and also your marriage took lace at Kota and you both lastly lived together in Kota, she is currently residing at Ahmadabad, these facts can be highlighted to dismiss the petition on the grounds of jurisdictional validity. 

@kalaiselvan sir,

Issues framed were in the order 1. did opponent husband treted the applicant with cruelty. ( Applicant )..2 Is territorial juridiction is not applicable to the court ( respondent ) 3. Relief by court

actually allegation of physical cruelty wer properly crossed and donot have any effective merits as she does not have any medicolegal documet or any police complaint, Rather she admitted in the court that she used to come to kota on casual basis. But the issue framed of cruelty is very vaue which could be apparently cruelty of all types and here mental cruelty is to be decided by judge which in my case i beleive could be in totally against to me as they can influence Judge.

Also She comes up with the written argument where she does not talk of cruelty but claims that it was impotenecy which is prime cause of matrimonial dispute.

so from my side i have nly thing which can save me is teritorial jurdiction ( if every thing is managed to be biased against me by hook and cook ). More over i have a decision from NAgpur bench of Mumbai Juridicature teling that first teriitorial juridiction to be decided before deciding the case on merits. So applied application u/s 151 cpc invoking the courts power to first decide on territorial juridiction. The citation of the case are Family court appeal no. 333/2014 in the high court of judicature at bombay, nagpur bench, Nagpur. Kalpana VS Gorakhnath Dhone, which says that territorial juridiction has to be answered first before discussing on merits. Also it says that territorial juridiction shuldnot be discussed on behalf of documents tendered but by pleadings of plaintiff,

i have attached the judgment for your kind perusal

Regards,

Shailendra K Jain

You have posted the additional information in your latest post only thereby the questions were answered accordingly earlier.  Now you want to contest the territorial jurisdiction, yes you can do it along with the contest on the main pleadings too.  

In my opinion though it is your right to contest her divorce proceedings for whatever reasons it was filed against you, it would be better to give her the divorce she desires because even if you win the case on any grounds, you may not be able to force her to live with you or can have a conjugal relationship with her against her wishes.

Decide whichever appears to be a wise decision.

@kalaiselvan sir, Sir my point of asking teriitorial juridcition was to check if i win on teriitorial juridiction part will the divorce case get dismissed. Teriitorial Juridiction was The second Issue in the Issues framed in divorce suit, which i wished to be discussed before discussing the merits of the case. I have Sec9 ( HMA ) in my favour DV decided in my favour, and i have merits in my favour as far as physical torture was point. But regarding menta Cruelty its totally on judge and since it her native , she is able to influence court most of the time, hence i wished to decide the teriitorial juridiction. Aprt from this in my pimary reply i offered myself for medical examination regarding alleged mental unsoundness and Impotency. Consequently before cross examination of my witness i submitted potency certificate which was in my favour. Now she claims in almost all proceedings that i am impotent and thats why she donot want to continue and on the same grounds she has filed written arguments last week. So it was development from dowry harassment, mental torture to leave the job and now impotency all three were primary reson for dissolution at different stages but not all the three together at any stage of divorce suit. More Over she has laid diametrically opposite statements in Main-application, Rejoinder, affidavit and then cross-examination which attracts perjury in this case. I am very much confused when and how to file perjury on her and her father ....and what will happen after perjury. Will it hold the case until perjury is decided ? or Judge will ignore the application of perjury ? also what will the penalty on the her.

I guess i have written most of the answers to your question. The Idea of giving her divorce is okay but at the same time i was defamed alot and my parental family was totally disturbed. They propagate lot many false allegation in society which hold a long term stigma and wish to come out from this already time has gone and she was not willing to compromise her parents were demanding money and tranfer of property into her name after my father's death just after two months of marriage. She was working in ahmedabad befor marriage and even after marriage. And created havoc in matrimonial life,

Regards,