Section 19 Hindu Marriage Act-Dhara-Dafa-Court to which petition should be made

Section 19 Hindu Marriage Act-Dhara-Dafa-Court to which petition should be made:

¹[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 solemnised, 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

²[(iiia) 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.]

Jurisdiction of the Court

If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel , AIR 2003 MP 189.

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1.. Subs. by Act 68 of 1976, sec. 12, for section 19 (w.e.f. 27-5-1976).

2. Ins. by Act 50 of 2003, sec. 4 (w.e.f. 23-12-2003).