Example: The parties are staying in Hyderabad, but their marriage is registered in Bangalore. Where should the divorce case to be filed – in Bangalore or Hyderabad?
Yes, the parties can file for a divorce before a court where the marriage was registered i.e, Bangalore. They can also file for a divorce before a court where the wife resides, even if the marriage was not solemnised there. As per the Indian legal system, a person can file a petition seeking a divorce under the jurisdiction of the following three courts:
- The court located at the place where the couple lived together last
- The court located at the place where the marriage was registered or solemnised
- The court located at the place of the wife’s residence.
Section 19 of the Hindu Marriage Act, 1955, lays down the courts to which the divorce petition shall be presented. It also allows for the petitioner to file a petition in a district court of his/her own place of residence if the respondent, at the time of filing the petition, is residing outside the jurisdiction of Indian courts, or has been presumed to be dead as he/she has not been heard from for a period of at least 7 years, in order to protect spouses from legal obligations of marital bonds, in the case of desertion.