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ashishvidyarthi (engineer)     25 August 2014

Divorce jurisdiction for wife after rcr decree by husband.

Dear experts kindly help in following query.

Husband has obtained RCR decree at matrimonial place.One year of non cohabitation has elapsed  after passing of decree. Can the wife get divorce from family court at her parental place or is the jurisdiction retained by court passing decree?

regards ASHISH



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 2 Replies

Laxmi Kant Joshi (Advocate )     25 August 2014

Yes , she can file and obtained divorce from the jurisdiction family court of her parental home .

ashishvidyarthi (engineer)     28 August 2014

I have been trying hard to get any judgement where one family court has granted  RCR decree or judicial separation decree and a different family court has granted divorce decree on grounds of non co habitation for one year after decree. Can anyone help me pl if there is any such judgement.

Honble SC in CHAND DHAWAN VS JAWAHAR DHAWAN has talked about jurisdiction  under section 19 hma to be limited to court passing decree in context of Section 25 hma Though I  am not sure if it applies to divorce case.

Quoting from above judgement

"Section 41 of the Evidence Act inter alia provides that a final judgment, order or decree of a competent court in the exercise of matrimonial jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to such character, is relevant. And that such judgment, order or decree is conclusive proof as to the conferral, accrual,or taking away of such. legal character from a point of time as declared by the court. Such judgments are known as judgments in rem, binding the whole world. But the judgment of that kind must have done something positive, onwards. This provision is indicative of the quality of matrimonial jurisdiction. We have thus, in this light, no hesitation in coming to the view that when by court intervention under the Hindu Marriage Act, affection or disruption to the marital status has come by, at that juncture, while passing the decree, it undoubtedly has the power to grant permanent alimony or maintenance, if that power is invoked at that time. It also retains the power subsequently to be invoked on application by a party entitled to relief. And such order, in all events, remains within the jurisdiction of that court, to be altered or modified as future situations may warrant.

It also obsevesThe matrimonial court, a court of special jurisdiction, is not meant to pronounce upon a claim of maintenance without having to go into the exercise of passing a decree, which implies that unless it goes

Like a surgeon, the matrimonial court, if operating, assumes the obligation of the post operatives, and when not, leaves the patient to the physician

Experts pl. guide me and help with a judgement where a court different from the one passing sction 9/10 decree has granted divorce   in light of 2003 amendment of section 19

regards ASHISH


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