Bombay High Court
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Versus
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Decided On:

Headnote:Sections 10, 18, 19-Jurisdiction of Court-Matter relating to dissolution of marriage or nullity of marriage on grounds stated in Section 19.

       In such cases District Court and High Court both have concurrent jurisdiction. But in case where nullity of marriage sought on ground of force or fraud, High Court has exclusive jurisdiction.

       Court is in respectful agreement with the decision of the Andhra Pradesh High Court in Saroja v. Christie Francis, AIR 1966 AP 178, laying down the proposition that insofar as dissolution of marriage and nullity of marriage on the specific grounds stated in Section 19 are concerned, both the District Court and the High Court have concurrent jurisdiction and when the case is one for declaration of nullity of marriage on the ground of force or fraud, the exclusive jurisdiction of the High Court is saved is the correct proposition of law.

       For Citation : AIR 1993 Bom 61 at p. 64: 1992 Bom CJ 993 : 1993 (1) Civ LJ 799 ; 1993 (1) Cur CC 2 : 1993 (1) Hindu LR ,117 ; 1992 Mah LJ 1566 : 1993 Marri LJ 264