Pramod Kumar Tiwari v. Preeti Tiwari - 2021 Supreme(Online)(Chh) 2645

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2021 Supreme(Online)(Chh) 2645

CHHATTISGARH HIGH COURT
, J
Pramod Kumar Tiwari v. Preeti Tiwari

Table of Content
1. the initial details establish the basis for the appeal regarding jurisdiction. (Para 2 , 3)
2. jurisdiction for divorce petitions must consider last residence in a matrimonial context. (Para 5 , 11)
3. courts interpret residence based on the permanence and continuity in marital life. (Para 12 , 14 , 15)
4. court's ruling allows the appeal and remits matters for reconsideration and broader issue determination. (Para 16 , 17)

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