1. Petition for divorce under Hindu Marriage Act — Wife seeks rejection of plaint on jurisdictional grounds. (Para 3 , 4 )
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2026 Supreme(Online)(Kar) 12467
THE HIGH COURT OF KARNATAKA
Chillakur Sumalatha, J
Revathi K. – Appellant
Versus
Jathin Shetty A. – Respondent
WP No. 36004 of 2025
Advocates:
For the Appellants/Petitioners: Ekambe Venkanna G.
For the Appellants/Petitioners: Ekambe Venkanna G.
Under Section 19(iii) of the Hindu Marriage Act, 1955, a petition for divorce can be filed in the court where the parties last resided together, which overrides the current residence of the respondent if such shared residence occurred within that court's jurisdiction.
Headnote:(A) Matrimonial Jurisdiction - Place of filing divorce petition - Determination of jurisdiction under Section 19 of the Hindu Marriage Act, 1955 - Where the parties last resided together, the District Court within whose local limits such residence occurred has jurisdiction, regardless of where the spouse is currently residing. (Para 7)
(B) Procedural Law - Rejection of Plaint - Order VII Rule 11 CPC - A petition for rejection of a matrimonial plaint cannot be sustained if the court has jurisdiction based on the location of the parties' last shared residence. (Para 4, 7)
Issues: Whether the Family Court was justified in dismissing the application for rejection of the plaint on the grounds of lack of territorial jurisdiction.
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Table of Contents
2. Wife contends respondent must file divorce petition at Chennai where she resides, not at Bengaluru. (Para 5 )
3. Petitioner's own version shows parties last resided together at Bengaluru, conferring jurisdiction under Section 19. (Para 7 )
4. Under Section 19(iii) HM Act, petition may be presented where parties last resided together. (Para 6 , 7 )
5. Where can a petition for divorce under the Hindu Marriage Act be presented?
Under Section 19, the petition can be presented where the marriage was solemnized, where the respondent resides, where parties last resided together, or where the wife resides if she is the petitioner. (Para 6 , 7 )
6. What is the meaning of 'last resided together' under Section 19(iii) of the Hindu Marriage Act?
It refers to the place where the husband and wife cohabited for the last time before their separation, not where one party later moved after separation. (Para 7 )
7. Does the wife's subsequent residence after separation determine jurisdiction for a divorce petition?
No, the relevant jurisdiction is determined by the place where the parties last resided together, not the wife's subsequent residence after separation. (Para 7 )
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.09.2025 PASSED BY THE LEARNED 6TH ADDL. FAMILY COURT BANGALORE ON IA NO. 3 IN MC NO.2293/2023 VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
Heard Sri.Ekambe Venkanna.G learned counsel for the petitioner.
2. After giving anxious consideration to the submission that is made by learned counsel for the petitioner and upon going through the relevant material that is brought on record, this Court is of the view that the writ petition can be disposed of without service of notice to respondent. Hence, service of notice to respondent is dispensed with.
3. Seeking the Court to quash the order that is rendered by the Court of VI Additional Principal Judge, Family Court, Bengaluru on I.A.No.III in M.C.No.2293/2023 dated 22.09.2025, this writ petition is filed.
4. Respondent/husband filed a petition seeking dissolution of marriage through a decree of divorce. Petitioner/wife filed I.A.No.III under Order VII Rule 11 CPC seeking the Court to reject that petition. The said interlocutory application was dismissed and aggrieved by the same, this writ petition is filed.
5. Learned counsel for the petitioner/wife submits that petitioner was residing at Chennai and respondent was residing at Bengaluru when they came into contact with each other. They both fell in love and ultimately got married at Chennai. The marriage was registered at Chennai. Subsequently, they again married as per customs and traditions and the said marriage was solemnized at Tirupathi. Thereafter, petitioner/wife joined respondent/husband at Bengaluru and started residing at Bengaluru. They begot a child. Later differences arose between them and finally respondent dropped petitioner at her parents house at Chennai. Thus, petitioner/wife started residing at Chennai since 2023. Therefore, respondent has to file any petition seeking decree of divorce at the jurisdictional Court at Chennai but not at Bengaluru. However, respondent/husband filed a petition at Bengaluru seeking decree of divorce. Petitioner/wife therefore filed a petition i.e., I.A.No.III seeking the Court to reject the petition. But her request was not honoured. Learned counsel thereby seeks to allow the writ petition and quash the impugned order.
6. Respondent/husband filed a petition invoking Section 13(1)(ia) and (ib) of the Hindu Marriage Act seeking decree of divorce. Section 19 of the Hindu Marriage Act, 1955 deals with the jurisdiction and the place where every petition under the said Act has to be presented. The said provision reads as follows:
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 the presentation of the petition, resides; or
(iii) the parties to the marriage last resided together; or
(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or;
(iv) 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 him if he were alive.
7. Thus, as per Section 19 (iii), a petition under the Hindu Marriage Act can be presented at the District Court within the local limits of whose ordinary original civil jurisdiction, the parties to the marriage last resided together. Even as per the version of petitioner/wife, herself and her husband were residing at Bengaluru and finally when the disputes got aggravated, respondent/husband agreed to drop her
