( 1. ) THIS unfortunate case relates to a young couple, who wants divorce by consent. Both the parties had reached a decision that they can not live together and filed a petition under Section 13-B of Hindu Marriage Act before Family Court, Gwalior, praying therein that decree for divorce by mutual consent be granted. Petition was filed on 15th January, 2004. Court after receiving the application fixed the case six months after filing of the application and recorded the evidence of wife and husband on 23-7-2004. After recording the evidence, Family Court has held that it has no jurisdiction to entertain the dispute. Family Court held that parties were married at Bhind and parties lived together as husband and wife at Bhopal therefore, husbands application before the Family Court at Gwalior is not maintainable. Section 19 of the Hindu Marriage Act is amended by Marriage Laws (Amendment) Act, 2003 on 23-12-2003. As per amendment cause of action to file petition shall be at place where wife is the petitioner and she is residing on the date of presentation of petition, will have jurisdiction to entertain the dispute. Family Court has held that this is a joint application and application is not filed by the wife alone, therefore, Family Court at Gwalior has no jurisdiction to entertain the dispute and ordered for return of petition to the parties for its presentation before the Court of competent jurisdiction.

( 2. ) SHORT question involved in the case is whether Family Court has jurisdiction to entertain the dispute. ( 3. ) IT is not in dispute that wife is residing at Gwalior and husband is not residing at Gwalior. Question involved in the case is whether joint petition by the husband and wife will be maintainable before the Family Court at Gwalior where one of the parties is not residing within the jurisdiction of the Family Court, Gwalior or the cause of action, i. e. , marriage of parties and parties last resided together is not at Gwalior.

( 4. ) IN our opinion Family Court has taken too technical view of the matter. It has not considered the scope of amendment and intention of legislature for permitting filing of petition at a place where wife resides. The Statement of Objects and Reasons are reproduced below:

"statement of Objects and Reasons.- The Special Marriage Act, 1954 and the Hindu Marriage Act, 1955 provide that a petition for relief under the provisions of these Acts shall be presented to the District Court within the limits of whose original jurisdiction the marriage was solemnized or the respondent, at the time of the presentation of the petition, resided or the parties to the marriage last resided together or the petitioner was residing at the time of the presentation of the petition, in a case where the respondent was at the time residing outside the territories to which these Acts extended or had not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive. However, these provisions are not considered adequate or fair as far as the women arc concerned. Under the existing provisions, a petition can not be filed by the aggrieved wife to the District Court within the local limits of whose ordinary jurisdiction she may be residing. In view thereof, the Government has decided to amend the provisions of these Acts so that the wife can also file petition in the District Court within the local limits of whose jurisdiction she may be residing. The proposed amendment to Sections 31 and 19 of the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955 respectively are based on the recommendations of the Law Commission of India and the National Commission for Women. (2) The Government has also decided to amend Section 39 of the Special Marriage Act, 1954 and Section 28 of the Hindu Marriage Act, 1955 to provide respectively that the parties to a matrimonial suit could prefer appeal within a period of ninety days instead of thirty days. This amendment