Territorial jurisdiction

Hi! Section 19 of the Hindu Marriage Act shall make things more clear for you. Have a look:

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 solemnized, 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

(iii-a) 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.

As i am the petitioner, 4 th point mentioned above by raveena of the HMA holds good right? but i dont understand wh ythe petition is under hold with office objection 

This Act is amended as No.68/1976. As per amendment Act. the reply given by expert Raveena Kataria holds good.  Your wife is residing in the territory (State) where you residing.  so office objection.

You said that your wife stays in another part of Karnataka. Section 19 (iv) is not applicable in your case as the respondent (your wife) does NOT reside outside the territories to which this Act extends.

so i have to either file in the last resided place or where the respondent resided..?

but i have filed it in the jurisdiction where i am currently residing , and case numbr is also given,, these office objections are delaying the notice issue.. 

what best i probably should do now? jusge has given date in next week..

it will be good if this case runs in the place where i am residing.. as i work in this area itself..

any suggestions are accepted..

In my opinion, best that you withdraw your current plaint and file a fresh one in the Family Court nearest to your wife's current residence.

but she stays is very far from my place and i am working in bangalore.. i dont know any lawyers in her place.. thats gonna be verry difficult

shall i go and file i n the last resided jurisdiction which is 20 km from current residing place?

You can re-file the petition in terms of sub-section (i) or (iii).

Originally posted by : Anand Raj
	but she stays is very far from my place and i am working in bangalore.. i dont know any lawyers in her place.. thats gonna be verry difficult shall i go and file i n the last resided jurisdiction which is 20 km from current residing place?

You are spot on now.