ORDER

Date : 19.09.2022 Heard Ms. J. Paul, the learned counsel for the petitioner and Ms. N.

Upadhyay, the learned counsel appearing on behalf of the respondent.

2. This an application under Section 24 of the Code of Civil Procedure, 1908(for short the Code) for transfer of Title Suit(D) Case No.63/2022 from the Court of the District Judge, Lakhimpur, North Lakhimpur to the Court of the Principal Judge, Family Court, Kamrup(Metro) at Guwahati.

3. The petitioner in the instant case had stated in the petition that the petitioner and the respondent married on 16/4/2021 by observing all Hindu Rights and Rituals at the Tetelia Shiv Mandir(Somnath Mandir), Guwahati and after marriage both the parties resided at village-Kaharpara, P.O. Nityananda, P.S. Patacharkuchi in the District of Bajali, Assam. It has been mentioned in the said petition that on 23/06/2022, the petitioner received the copy of the summons in respect to Title Suit(D) Case No.63/2022 filed under Section 13(1) (i) (a) of the Hindu Marriage Act,1955 for dissolution of marriage by a decree of divorce. The said proceedings were filed before the Court of the District Judge, Lakhimpur, North Lakhimpur.

4. Although there has been various allegations made in the said petition against the respondent, but the question which have arisen for consideration before this Court is whether the Court wherein the divorce proceeding was filed by the respondent have the jurisdiction to try the said proceedings.

5. Section 19 of the Hindu Marriage Act, 1955 categorically mentions under which District Court a proceeding may be filed in respect to a matter pertaining to said Act. It has been mentioned in the petition that the marriage was solemnized at Guwahati and the petitioner who is the respondent in the said divorce proceeding being the wife resides at Guwahati and the parties have also not resided last in the district of North Lakhimpur. Referring to paragraph No. 18 of the divorce petition, the learned counsel appearing on behalf of the petitioner had submitted that the respondent serves as Scientist B Biotechnology APSCS &

T CoE for Bioresources and Sustainable Development which is located at Kimen in the State of Arunachal Pradesh. It is therefore the submission of the learned counsel for the petitioner that the Court of District Judge at North Lakhimpur did not have the jurisdiction to entertain the instant proceedings.

6. During the hearing of the instant proceeding, on a specific query being made to the learned counsel appearing on behalf of the respondent as to why the said divorce proceeding was filed before the District Judge, North Lakhimpur, it was submitted with all fairness that the respondent though resides in Kimin, Arunachal Pradesh but taking into account that the nearest Court to his residence is the Court of the District Judge, North Lakhimpur, the suit was instituted before the District Judge at North Lakhimpur.

7. In the backdrop of the above submission, let this Court take into consideration, Section 19 of the Hindu Marriage Act, 1955 wherein it has been statutorily mandated where a petition under the said Act shall be presented to the District Court. Section 19 being relevant is quoted hereinbelow:

“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 original civil jurisdiction—

(i) the marriage was solemnized, or (ii) the respondent, at the time of presentation of the petition, resides, or (iii) the parties to marriage last resided together, or (iv) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]

(v) the petitioner is residing at the time of the presentation of the petition, in a 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 h