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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Vaishali Kassowal – Appellant
Versus
Karanbir Singh Kassowal – Respondent
JUDGMENT :
Sureshwar Thakur, J.
A Hindu marriage petition bearing HMA/3412/2022 was instituted by the present appellant before the Addl. Principal Judge, Family Court, Faridabad. In the said petition a decree became espoused for annulling the marital union which was entered into between the present appellant and the respondent, thus in terms of Hindu rites and rituals.
2. The said petition was filed, on 31.08.2022 and after the proceedings on the said petition lasting upto almost 21/2 years, an issue became raised by the respondent, in the said petition appertaining to the maintainability of the said petition. The issue relating to the maintainability of the petition became grooved in the factum, that the said petition was mis-constituted, on the ground, that it was laid before the Court which neither could assume any valid adjudicatory jurisdiction nor could pass a valid verdict thereons.
3. The said issue was decided in favour of the respondent in the said petition and in the operative paragraph 12 of the impugned order rendered on 17.12.2024, paragraph whereof becomes extracted hereinafter, it was declared that the Addl. Principal Judge, Family Court, Faridabad, has no territorial j
The legislative intent underlying section 19(iii-a) of the Hindu Marriage Act is to avoid hardship to the wife and provide a forum at the place of her current residence.
The Family Court lacked jurisdiction in the divorce proceedings, necessitating transfer of the case to the appropriate court as per the Hindu Marriage Act.
Wedding reception cannot be called as a part of marriage ritual.
The jurisdiction for divorce petitions is limited to specific courts as per the Hindu Marriage Act, enforced rigorously to prevent unwarranted claims.
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.
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.
The trial Court erred in returning the divorce petition based on jurisdictional objections, which should be addressed during trial, not prior to numbering the petition.
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