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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Vikas Mahajan, JJ.
Naveen Kumar – Appellant
Versus
Savita – Respondent
MAT.APP.(F.C.) 57 of 2023
Decided On : 10-03-2023
Territorial Jurisdiction - Hindu Marriage Act - The court held that the courts at Delhi would continue to have territorial jurisdiction to entertain the petition as the parties last resided together at Delhi and the respondent is presently residing in Delhi. The Family Court erred in returning the petition on the ground of lack of territorial jurisdiction.
Fact of the Case:
The appellant impugns the order of the Family Court which returned the petition on the ground of lack of territorial jurisdiction, stating that the marriage was solemnized in Noida and therefore not maintainable in the courts at Delhi.
Finding of the Court:
The court found that the Family Court erred in returning the petition and allowed the appeal, setting aside the impugned order and restoring the petition to its original number on the record of the Family Court.
Issues: The main issue was the territorial jurisdiction of the Family Court to entertain the petition for divorce.
Ratio Decidendi: The court applied Section 19 of the Hindu Marriage Act, 1955, which stipulates that the petition can be presented to the district court within the local limits of which the marriage was solemnized, the respondent resides at the time of the petition, and the parties last resided together.
Final Decision: The appeal was allowed, the impugned order was set aside, and the petition was restored to its original number on the record of the Family Court.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Mr Chander Prakash, learned counsel enters appearance for the respondent.
2. Appellant impugns order dated 03.02.2023 whereby the Family Court has returned the petition on the ground of lack of territorial jurisdiction. The Family Court has held that since the marriage was solemnized in Noida the petition would not be maintainable in the courts at Delhi.
3. Learned counsel for the appellant submits that on account of an error it was mentioned in the divorce petition that marriage was solemnized at Delhi, however, the marriage was solemnized at Noida.
4. He submits that the courts at Delhi would continue to have territorial jurisdiction to entertain the petition as the parties last resided together at Delhi and respondent is presently residing in Delhi.
5. It is stated on behalf of the appellant that the parties last resided together as husband and wife in property bearing house no.5762, Gali No.6, New Chandrawal, Jawahar Nagar, Delhi-110007 and infact parties continue to reside therein though in different portions of the building.
6. We notice that the Family Court has referred to Section 19 of the Hindu Marriage Act, 1955, which itself stipulates that the petition can be presented to the district court within the local limits of which, inter alia (i) the marriage was solemnised; (ii) respondent at the time of presentation of the petition resides; and (iii) parties to the marriage last resided together.
7. It is not disputed by the learned counsel for the respondent that the respondent-wife resided at Delhi and it is also not disputed that they have last resided together as husband and wife at Delhi.
8. Clearly the Family Court has erred in returning the petition on the ground of lack of territorial jurisdiction.
9. In view of the above, the appeal is allowed. The impugned order dated 03.02.2023 is set aside.
10. Petition is restored to its original number on the record of the Family Court. Parties shall appear before the Family Court for directions on 10.04.2023.
Territorial jurisdiction under the Hindu Marriage Act is determined by the place of solemnization of marriage, the respondent's residence at the time of the petition, and the parties' last residence ....
In divorce proceedings, the correct jurisdiction is determined by the place where the parties last resided together in a matrimonial relationship, emphasizing continuity and permanence.
The location of marriage solemnization constitutes a jurisdictional fact empowering the Family Court to adjudicate dissolution proceedings.
The central legal point established in the judgment is that the issue of territorial jurisdiction in a divorce case is a mixed question of law and facts and cannot be decided in a piecemeal manner.
The jurisdiction of the Family Court is determined based on the parties' residence and the cause of action arising.
The jurisdiction for divorce petitions is limited to specific courts as per the Hindu Marriage Act, enforced rigorously to prevent unwarranted claims.
Wedding reception cannot be called as a part of marriage ritual.
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