Court to which petition shall be presented
AI Assist
Summary
Petitions under this Act must be filed in the district court whose ordinary original civil jurisdiction covers one of several places: where the marriage was solemnized, where the respondent lives when the petition is presented, or where the parties last lived together. If the wife is the petitioner she may instead present the petition where she is residing on the date of presentation. If the respondent is outside the Act's territory or has not been heard of for seven years, the petitioner may file where he or she is residing.
Example
Priya wants a divorce; she lives in Delhi and her husband Rohan lives in Pune. Under this rule she can file the petition in the district court where the marriage was solemnized, or where Rohan resides, or where they last lived together; because she is the wife she may also file in the district court where she is currently residing.
Bare Act
Enacted textEvery 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 (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 person who would naturally have heard of him if he were alive.
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