Place of marriage

No doubt this is ticklish issue as marriage according to Hindu rite and ceremonies was solemnized at Kolkata but because this Hindu marriage got registered under the Special Marriage Act for all purposes it will be covered under this Act only. The issue whether the marriage in question will be solemnized too under the Special Marriage Act at Bhubaneswar because this Act only applies to the marriage is a matter of argument. You being father of bride based in Kolkata would like to stand by solemnization of original Hindu marriage at Kolkata and groom/husband will insist as Bhubaneswar as place of solemnization of marriage as it is covered under the SMA for which complete registration process was done there in Bhubaneswar. You have strong case if by plan reading place of solemnization of marriage under both Acts it should be where original marriage was solemnized not where it was registered . Please challenge the jurisdiction of Bhubaneswar court in the matter at initial stage itself.

Actually we had applied for transfer to family court kolkata under sec 25 on the grounds of lady dependent on parents finding it difficult to travel to Bhubneswar. unfortunately today SC rejected this application. Since I have seen full order I am not certain place of marriage point came up at all or learned SC paid attention to it. If learned SC has not given any comment regarding place of marriage would a review petition be in order or we should challange juridiction at Bhubneswar family court only? 

Thank you Mr. Mahajan.

Ms. Chaudhury It is clear about the place where petition can be filed.Real and probably leagal question is if marriage rites are done under hindu customs and lateron registration took place under SMA at different city what is date and place of marriage? To a layman like me it is as per whatever happened first. Not accepting this logic will mean their living together in intervening period between two dates illegal and subject to different type of legal challanges.

I would be grateful for feedbacks.  

Let me point out one thing don't think all advocates appearing in Supreme Court are as intelligent as you will find here, if that was so you counsel there would have made this as first issue for the consideration for transfer petition but he was just moving the petition on typical ground of wife living and dependent on parents now this ground is no more popular with Benches of the Apex court. In review petition you cannot plead this ground that was not mentioned in original transfer petition.

Fact that marriage happened under hindu rites happened at Kolkata was mentioned. However since transfer application was made under section 25 there was no challange to juridction per se. 

What are the available options now? Is challange of juridiction at Bhubneswar open or closed?

Challenge the jurisdiction in Bhubaneswar court and seek immediate dismissal of divorce petition on this ground itself.

Mr. Mahajan Thank you!

Just one more question when we go to family court would we be obiliged to submit our full response or just a dismissal request challenging Juridiction would be enough?

Boy is in USA has not been talking. Neither receiving calls nor responding to mails. Boys parents for reason best known to themselves are also abusive towards girl and us. We wanted couple to have a go once more but faced arrogance and abusiveness from side of boy. Divorce is sought on grounds of cruelty and mental problems of girl.