SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 42439

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V. Thamilselvi, J
Sivaramakrishnan Muthusubramaniyan Kuzhandaiananda – Appellant
Versus
Suchithra Ganeshkumar Guntur – Respondent
CRP No. 2297 of 2026



Advocates:
For the Appellants/Petitioners: C. Veera Raghavan

Territorial jurisdiction in matrimonial disputes under Section 19(iii) of the Hindu Marriage Act is determined by the location where the parties last resided together as husband and wife.

Headnote:The petitioner challenged the order of the Principal Family Court, Chennai, which returned a petition seeking a declaration that a marriage is null and void on the grounds of lack of territorial jurisdiction. The Court examined the provisions of Section 19(iii) of the Hindu Marriage Act, 1955, governing jurisdictional requirements for matrimonial proceedings. The issue before the Court was whether the Family Court at Chennai possessed the territorial jurisdiction to entertain the matrimonial petition. The Court observed that under Section 19(iii) of the Hindu Marriage Act, jurisdictions are established based on where the parties to the marriage last resided together. Upon perusal of the records, it was determined that the parties last resided together at Saligramam, Chennai, thereby fulfilling the jurisdictional criteria. The Court allowed the Civil Revision Petition, set aside the return order of the Trial Court, and directed the Principal Judge of the Family Court, Chennai to number and proceed with the petition.

Table of Content
1. filing of civil revision petition regarding territorial jurisdiction of family court. (Para 1 , 2)
2. determination of territorial jurisdiction based on last residence under matrimonial law. (Para 3 , 4 , 5)

ORDER

This Civil Revision petition has been filed seeking to set aside the docket order made in O.P.S.R.No.1102 of 2026, on the file of Principal Judge, Family Court, Chennai, dated 02.04.2026 and consequently direct the court below to number the petition filed by the petitioner to dispose the same in accordance with law.

2. The learned counsel for the petitioner submits that the petitioner filed O.P.S.R.No.1102 of 2026 on the file of the Principal Judge, Family Court, Chennai, seeking to declare the marriage dated 15.11.2015 solemnized between the petitioner and the respondent as null and void, and to declare the marriage certificate issued by the Sub-Registrar Office, Virugambakkam, Chennai dated 20.11.2015 as null and void, along with other consequential reliefs. The Trial Court returned the petition on the grounds of lack of territorial jurisdiction. The learned counsel contends that after marriage, the petitioner and the respondent last resided together at Saligramam, Chennai. Therefore, the petition is maintainable before the Chennai Court under Section 19(iii) of the Hindu Marriage Act, which provides jurisdiction where the parties to the marriage last resided together.

3. Heard the submissions made by the learned counsel for the petitioner and perused the records.

4. On perusal of the records, it is evident that the petitioner and the respondent last resided together at Saligramam, Chennai. Consequently, the Family Court at Chennai has the territorial jurisdiction to entertain the matter. The Trial Court's refusal to take the petition on file is erroneous and liable to be set aside.

5. Accordingly, this Civil Revision Petition is allowed, and the return order of the Trial Court is set aside. The Learned Principal Judge, Family Court, Chennai, is directed to take O.P.S.R.No.1102 of 2026 on file, if it is otherwise in order, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions, if any, are closed. The Registry is directed to return the original papers to the petitioner's counsel after obtaining due acknowledgment

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top