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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y.KOGJE, N.S.SANJAY GOWDA
Ranjanben W/O Nayanbhai Parshottambhai Parmar D/O Dudajibhai Chanabhai Chandpa – Appellant
Versus
Nayanbhai Parshottambhai Parmar – Respondent
| Table of Content |
|---|
| 1. appeal under family courts act against dissolution of marriage. (Para 1 , 2) |
| 2. issue of jurisdiction raised and procedural complaints. (Para 3 , 4 , 5 , 6) |
| 3. responses to jurisdiction claims and evidence provided. (Para 7 , 8 , 9 , 10 , 11) |
| 4. factual background of marriage and complaints. (Para 12 , 13) |
| 5. interim relief and proceedings prior to judgment. (Para 14 , 15 , 16) |
| 6. court's stance on territorial jurisdiction under hindu marriage act. (Para 17 , 18 , 19 , 20 , 21) |
| 7. judgment rendered without jurisdiction. (Para 22 , 23) |
| 8. result of appeal - transfer of case to appropriate court. (Para 24 , 25 , 26) |
JUDGMENT
A.Y. KOGJE, J.
1. Present First Appeal under Section 19 (1) of the FAMILY COURTS ACT , 1984 is preferred against judgment and decree dated 22-09-2023 passed in Family Suit No.1709 of 2017 passed by the Family Judge, Family Court, Ahmedabad.
2. By the impugned judgment and decree, the Family Court, Ahmedabad had allowed Family Suit filed by respondent-husband thereby dissolving marriage solemnized between the appellant and respondent by invoking Section-13(1) (i-a) and (i-b) of HINDU MARRIAGE ACT .
3. Learned Advocate for the appellant at the outset has su
The Family Court lacked jurisdiction in the divorce proceedings, necessitating transfer of the case to the appropriate court as per the Hindu Marriage Act.
Territorial jurisdiction of Family Court - Family Court is obliged to function so as to relieve parties of suffering that they are going through on account of matrimonial disputes.
A court cannot raise a lack of territorial jurisdiction if it previously accepted jurisdiction without objection from either party, aiming to facilitate resolution of matrimonial disputes.
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.
A decree granted by a court lacking territorial jurisdiction is voidable and not automatically void; the statutory right to divorce under specific sections exists even if previous proceedings are pen....
Point of law : There is no specific provision regarding territorial jurisdiction of the Court to adjudicate matrimonial disputes.
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