Appellant challenged a Family Court order returning his divorce petition under Order VII Rule 10 CPC on territorial jurisdiction grounds. Holding that a few days' stay at Janakpuri, Delhi did not make it the place where parties last resided together, having last cohabited in Australia, the High Court upheld the return and dismissed the appeal.
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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL)
CM APPL. 22770/2025 ( Exemption )
CM APPL. 22771/2025
CM APPL. 22772/2025
MAT.APP.(F.C.) 147/2025
Signature Not Verified
Signed By:VIJAYA MAT.APP.(F.C.) 147/2025 LAKSHMI DOBHAL Signing Da te:2 5.04.2025 17:08:57
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divorce petition filed by the appellant herein under Order VII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as, ‘CPC’) with liberty to file the same before a Court having territorial jurisdiction.
Signature Not Verified
Signed By:VIJAYA MAT.APP.(F.C.) 147/2025 LAKSHMI DOBHAL Signing Da te:2 5.04.2025 17:08:57
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after their marriage had resided at Janakpuri, Delhi, before moving to Australia and, whenever they come to India they reside at the said address. He submitted that, therefore, the parties would be treated as lastly residing at that address thereby vesting jurisdiction to the learned Family Court in terms of Section 19(iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as, ‘HMA’). He further submits that in terms of Section 1 of the HMA, it is the last place of residence in India that would be material for vesting jurisdiction in a court.
Signature Not Verified
Signed By:VIJAYA MAT.APP.(F.C.) 147/2025 LAKSHMI DOBHAL Signing Da te:2 5.04.2025 17:08:57
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NAVIN CHAWLA, J
RENU BHATNAGAR, J
APRIL 21, 2025/ p /sm/dg
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Signed By:VIJAYA MAT.APP.(F.C.) 147/2025 LAKSHMI DOBHAL Signing Da te:2 5.04.2025 17:08:57
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2 issues framed by the court
Whether a brief stay at Janakpuri, Delhi before the parties moved to Australia makes Delhi the place where the parties last resided together for jurisdiction under Section 19(iii) HMA.
Whether the Family Court rightly returned the divorce petition under Order VII Rule 10 CPC.
2 provisions across 2 enactments
Rahul Dass
Anamika Rastogi
Navin Chawla
Renu Bhatnagar
As recorded by the court registry
An appeal under Section 19 of the Family Courts Act 1984 against a decree or order of a Family Court.
Judgements on the same questions, provisions and authorities, from every court
