jurisdiction

In this article, Shambhavi Bundela talks of Jurisdiction of the court at which a husband can file a divorce case when both the couple are living in different places.

Jurisdiction of petitions relating to Divorce or Separation where husband is the petitioner and both husband and wife lives in two different places

Grounds for divorce/Judicial separation

  • Adultery
  • Desertion
  • Cruelty
  • Conversion
  • Incurable disease (Such as Virulent and incurable leprosy)
  • Insanity
  • Renunciation
  • Unheard of more than 7 years

Jurisdiction

The Hindu Marriage Act 1955

This jurisdiction applies to a marriage solemnized under this Act only. Section 19 of the Act provides for the Court to which petition under this Act shall be presented. Every petition under the Act shall be filed with the District Court( family courts) within the local limits of whose ordinary civil jurisdiction:

  • The Marriage was solemnized, or
  • The respondent at the time of the presentation of the petition resides, or
  • The parties to the marriage last resided together, or
  • In case wife is the petitioner, where she is residing on the date of presentation of the suit, or
  • The petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years.

Respondent living separately within the territory of the Act

The husband can file the petition in any three of the following District Court within the local limits where

  • The Marriage was solemnized, or
  • The Respondent resides, or
  • The parties last resided together.

Respondent living separately outside the territory of the Act

The husband can file the petition before the district court where he resides.

The Special Marriage Act,1954

This provision applies to a marriage solemnized under the Special Marriage Act only.  Section 31 of the Act provides that every petition is presented to the District Court within local limits of whose original jurisdiction:

  • The Marriage was solemnized, or
  • The respondent at the time of the presentation of the petition resides, or
  • The parties to the marriage last resided together, or
  • In case wife is the petitioner, where she is residing on the date of presentation of the suit, or
  • The petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years.
  • In case the wife is the petitioner, where the wife resides as an ordinary citizen for 3 years preceding the presentation of petition and husband is not resident in the said territory.

Procedure for filing for a divorce

The procedure is regulated for filing a divorce is generally regulated by the provision of Code of Civil Procedure, 1908. The petition must state the following:

  • Name of the parties
  • Status and domicile of the parties
  • Date and place of marriage
  • Principal permanent place where the parties cohabit
  • Place where the parties last resided together
  • Names of the children of the marriage( if any) with date of birth
  • Ground of seeking divorce or separation

Also, the petition should include the following details,

  • The facts and details on the basis of which the relief is sought by the petitioner
  • That the parties are not deceiving the court by collaborating
  • The averments made are verified.

Documents required

  • Income tax statement for past 3 years
  • Details of profession and present remuneration
  • Personal information
  • Asset ownership details.

 

 

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1 COMMENT

  1. […] spouse’s complete freedom of action to make their own decisions. Both the husband and the wife can file applications for divorce. State laws on divorce also provide for the method of submitting a […]

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