Divorce jurisdiction under Hindu Marriage Act is determined by the location of marriage solemnization or last cohabitation, with no jurisdiction if the petitioner fails to prove these elements.

ORDER :

1. This first appeal has been filed being aggrieved by the judgment and decree passed by the First Additional Principal Judge Family Court Bhopal in RCS HM No. 553/2022 dated 10.08.2023 by which, the divorce petition of the appellant/husband has been dismissed.

2. The case of the appellant before the Family Court in brief is that the appellant and respondent were married as per Hindu Rites and Rituals on 12th of December, 2012. After 02-03 months of their marriage, the behaviour of the respondent changed and she conceived pregnancy but she did not want to deliver the child. The respondent is suffering from paranoia. At her maternal home on 17th of February, 2014, she delivered a male child but her misbehaviour and paranoia attitude did not change. She denied to reside with the appellant. The appellant went to her maternal home situated at Bangalore but she also denied to reside with him. After certain time, again the appellant tried to live with her wife at Bangalore but she has not cooperated so the appellant tried to bring the respondent to his residence at Bhopal but she was not ready to live with him at Bhopal and she consistently demanded to construct a dental clinic from the appellant for her and when the appellant expressed his inability then, she started quarreling with him. The appellant went to Jamnagar, Gujarat to pursue his carrier but the respondent was not ready and willing to live with the appellant as his wife and she did not want to continue to live at matrimonial home on the ground of cruelty and thereafter, the appellant filed a divorce petition before the Family Court Bhopal.

3. In the divorce proceedings, the respondent never appeared so the Family Court proceeded ex-party. Family Court after adducing the evidence, passed the impugned judgment/decree and dismissed the petition mentioning that the appellant has failed to prove the ground of cruelty and the petition was not within the jurisdiction of the Family Court Bhopal.

4. Heard on admission.

5. Learned counsel for the appellant has argued that the marriage was solemnized in Bhopal. Some ceremonies of the marriage were performed in Bhopal (M.P.) and some ceremonies were performed at Ajamgarh (U.P.) but the trial Court has not appreciated this fact in relation to Section 7 of the HINDU MARRIAGE ACT , 1955.

6. Mr. Shukla has further argued that as per Section 7 , no ceremony has been fixed by the Act and as per this Section, marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. Thus, the Family Court Bhopal was having jurisdiction and the Court erroneously dismissed the petition on the ground of jurisdiction.

7. Heard learned counsel and perused the record.

8. HINDU MARRIAGE ACT , 1955 provides that jurisdiction and procedure in which the petition under this act can be presented as below:

“19. Court to which petition shall be presented - Every petition under this Act shall be presented to the district court within the local limits of whose ordinary civil jurisdiction:

(i) the marriage was solemnized.

(ii) the respondent, at the time of the presentation of the petition, resides.

(iii) the parties to the marriage last resided together.

(iv) the petitioner is residing at the time of presentation of the petition, in case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.”

9. Thus, the District Court/Family Court exercising t