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.

1. With the consent of the parties this appeal is heard finally.

2. This appeal is directed against impugned judgment and decree dated 24.09.2019 passed in Civil Suit No.10 - A / 2018 whereby appellant's application for grant of decree of divorce has been rejected for want of territorial jurisdiction.

3. Shorn of unnecessary details, the appellant moved an application for grant of decree of divorce against the respondent / wife before the Family Court, Korba on the pleadings inter alia that on 20th May, 2011, marriage between the parties was solemnized at Village Amandullah, Tahsil Sakti, District Janjgir - Champa. It was pleaded that thereafter, the appellant and his wife started residing at Ratakhar, Korba. Further pleading was that on 25.04.2012 the respondent / wife left the matrimonial house. Though the appellant had gone to take her back at Balaghat on 20th May, 2012, she did not come back, though, assured that she would be coming back. Thereafter, respondent / wife did not return to matrimonial house at Korba despite all efforts made failing which, the appellant moved an application for grant of decree of divorce before the Family Court, Korba. In that case judgment and decree of judicial separation was passed on 20th January, 2015. The appellant thereafter moved present application for grant of decree of divorce.

4. Written statement was filed and in view of the pleadings of the parties, the learned Family Court framed specific issues with regard to territorial jurisdiction.

5. Upon consideration of the evidence of the parties, the learned trial Court, on issue of territorial jurisdiction, held that according to the pleadings and evidence of the parties, marriage was solemnized at Amandullah, District Janjgir - Champa and as the respondent / wife, at the time of presentation of the application was residing at Amandullah, Tahsil Sakti, Janjgir - Champa, in view of provisions contained in S.19 of the Hindu Marriage Act , the Family Court, Korba had no jurisdiction to decide the case. It is this order which is under challenge before this Court.

6. Learned counsel for the appellant, assailing legality and validity of impugned judgment and decree, on the aspect of territorial jurisdiction, made pointed submission that even if the entire pleadings and evidence on record are accepted, it is clear that the parties last resided at Korba when the wife left the matrimonial house on 25th April, 2012 and thereafter she did not come back. He would submit that the husband had gone to meet his wife at Balaghat and also celebrated marriage anniversary but thereafter, the respondent / wife did not come back and the appellant had to return back to Korba. The short duration of temporary stay of the appellant at Balaghat, would not satisfy the requirement of "last resided". He would argue that the word last resided has to be understood in a broad sense meaning as the place where the wife is residing with her husband in matrimonial relation with certain degree of continuity and permanence. Mere occasional visit of the husband to the house of the wife for few days, cannot be treated as the place where the husband and wife last resided.

7. On the other hand learned counsel for the respondent supporting the judgment and decree would submit that even according to the pleadings and evidence on record and the details of the respondent as given by the appellant in the petition for divorce, respondent is shown to be residing at Amandullah, Sakti, Janjgir - Champa, which is outside the territorial jurisdiction of Fami