Issue of jurisdiction to be decided before deciding on divorce

Bombay High Court: Deciding on the question whether a couple having their native place in particular city or state can file for divorce in Family Court situated in another city or state, a bench comprising V.M. Naik & P.B. Varale, JJ  has ruled that when such a question is raised, the Family Court must first address the issue of jurisdiction, before proceeding with the case.

In the present case, the wife had appealed in the High Court against the divorce granted by the Family Court at Nagpur on the grounds that since no cause of action arose there, the Court did not have jurisdiction to entertain and decide the petition. She also denied the allegations of cruelty and desertion made against her.

The Court noted that neither the marriage was solemnised in Nagpur, nor did the couple reside there at any time. When her husband moved to Nagpur she did move there with him. It was further noted that despite the specific objection of the wife that the Petition should not be entertained by the Family Court, it did not frame the issue with regard to the jurisdiction. The Court set aside the judgment and remanded the case back to the Family Court for framing and deciding the issue of jurisdiction and then deciding the case on merits. Kalpana Dhone vs. Gorakhnath Govinda Dhone2015 SCC OnLine Bom 4709, decided on July 8, 2015

One comment

  • Only marriage took place in husband's native and if wife and husband not resides in that state the resides in wife's state and cause of action arose in wife's state that time jurisdictions and matter will entertain in wife's state becoz cause of action took place in wife's state & both resides together with free consent in wife's state.

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