The jurisdiction for divorce petitions is limited to specific courts as per the Hindu Marriage Act, enforced rigorously to prevent unwarranted claims.

JUDGMENT :

S. B. PD. SINGH, J.

1. Heard.

2. The appellant has come up in this appeal against the order dated 09.10.2023 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Divorce Case No. 05 of 2021, whereby the petition filed by the appellant- husband under Section 13 (1) of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been dismissed.

3. The learned Principal Judge, Family Court, Vaishali at Hajipur, while dismissing the divorce petition of the appellant-husband has observed that since the respondent-wife resides at Muzaffarpur, the present Court lacks jurisdiction and the divorce petition was dismissed on the point of jurisdiction.

4. It is submitted by learned counsel for the appellant-husband that marriage of the appellant with the respondent was solemnized on 30.04.2006 according to Hindu rites and customs in a very simple manner without any dowry. The marriage was consummated and two children were born out of the wedlock. In the year, 2010, the appellant-husband got a job of Assistant Manager in Mail Today Newspaper Pvt. Ltd at Delhi and he settled along with his family at Delhi. The appellant alleged that after some times, the behaviour of the respondent-wife changed and she started quarreling with the appellant- husband without any good reason. The situation got worst and the behaviour of the respondent started effecting the normal family life of the appellant and his children. The respondent was creating nuisance in her own house, mercilessly beating the children, abusing the husband and wanted to move freely beyond any discipline of the husband or family. The appellant made all his efforts to make her understand and tried to normalize the situation but all his efforts went in vein. Hence, he has sent a legal notice on 18.10.2011 through his advocate to the father of the respondent about the ill treatment of respondent-wife. The father of the respondent came to Delhi and took the respondent with him to Muzaffarpur. After living at Muzaffarpur, the appellant again took the respondent with him at Delhi. It is further alleged that during the period between 2011 to 2018, the behaviour of the respondent got worst. She started threatening to commit suicide or implicate the appellant in a false case. She always avoided to take care of her children and several times ran away from the house without proper information to the appellant.

5. The appellant further averred that all of a sudden, on 9.04.2018, the respondent left the house of the appellant and children without informing the appellant. The appellant has made an application before officer-in-charge, Milaswa Dairy, Delhi in this regard (Annexure-III).

6. The appellant has also filed a case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before learned Principal Judge, Family Court, Rohini, New Delhi. In the aforesaid case, notices were issued to the respondent and thereafter dasti notice was issued on 21.01.2019 but she did not appear to contest her case.

7. The appellant, thereafter started facing problem of taking care of two minor children and lastly he left his job at Delhi and came to his native place at Vaishali in June, 2019. The respondent-wife came and resided with the appellant-husband for one month and again left her matrimonial house in July, 2019 and since then the respondent-wife has deserted the appellant-husband. The appellant, thereafter filed Divorce Case No. 05 of 2021 for dissolution of marriage with the respondent.

8. The appellant has examined altogether three witnesses in order to prove his case which are P.W. 1 Kumar Karunesh Kaithal (appellant himself), P.W. 2 Aashish Gaur