Smt. Revathi K v. Sri Jathin Shetty a
Case brief
What is this about?
Territorial jurisdiction of a divorce petition under Section 19 Hindu Marriage Act, 1955 - clause (iii), place where parties to the marriage last resided together; wife's contention that jurisdiction lay at Chennai (marriage solemnized and registered at Chennai; wife residing at Chennai since 2023) rejected because last joint residence was Bengaluru; rejection-of-plaint application under Order VII Rule 11 CPC in matrimonial cause M.C.No.2293/2023 before VI Additional Principal Judge, Family Court, Bengaluru; divorce petition under Section 13(1)(ia) and (ib) Hindu Marriage Act; writ under Article 227 Constitution of India (GM-FC), WP No. 36004 of 2025; notice to respondent dispensed with; writ petition dismissed (NC: 2026:KHC:8525).
What did the court decide?
As per Section 19(iii) of the Hindu Marriage Act, a petition under the Act can be presented at the District Court within whose ordinary original civil jurisdiction the parties to the marriage last resided together; even as per the petitioner/wife's own version, she and her husband were residing at Bengaluru and the husband only later dropped her at her parents' house at Chennai when disputes aggravated, therefore the place where they last resided together is Bengaluru, not Chennai.