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I have filed a divorce petition on behalf of the husband on the ground of desertion. The parties were married at Place A. Thereafter, they resided at the husband’s original place of birth in City B for almost one year. Subsequently, they shifted to Place C due to the husband’s job. Within a few days of shifting to Place C, the wife left the matrimonial home and has not returned for cohabitation for the last 1.5 years. I filed the petition in City B. The wife did not appear, and the matter proceeded ex parte. However, at the stage of arguments, the Court has observed that the petition should have been filed at Place C or Place A and not at City B. I need to advance arguments on territorial jurisdiction.
The court's observation regarding the filing location is based on jurisdictional requirements under the law. As per Section 19 of the Hindu Marriage Act, 1955, the petition for divorce can generally be filed in the place where the marriage was solemnized (Place A), where the parties last resided together (Place C), or where the respondent resides (City B). It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.