THOMAS K. VARGHESE Vs. ASHA MARY ALEXANDER

JUDGEMENT

(1.) A petition for divorce was filed by the 2nd respondent herein before the Family Court, Thiruvananthapuram. The allegations in the petition was that the husband and wife last resided together in Thiruvananthapuram and therefore that court has jurisdiction to hear the case. Before the written statement was filed in the main Original Petition, the Indian Divorce Act was amended and Section 3(3) provided that the District Court within whose jurisdiction the marriage was solemnised was also competent to decide the cases. The question of jurisdiction was directed to be considered as per orders passed by this Court in O.P. No. 11602 of 2002. It was thereafter that the Indian Divorce Act was amended with effect from 3.10.2001. The Family Court held that though it is not proved that the parties last resided together within Thiruvananthapuram District, by virtue of the amendment, that Court has got jurisdiction and that the case could be continued.

(2.) THE short question therefore is whether when on the date of the filing of the petition for divorce, it is found that the petition was not maintainable before that particular court whether the amendment of the Act which came into force before the case was disposed of could confer jurisdiction.

(3.) THE learned counsel for the 2nd respondent stated that there is nothing standing in the way of withdrawing of the present petition and filing a fresh petition as per the amended Act which wilt be maintainable before the same court even according to the petitioner in the O.P. Therefore no prejudice will be caused to the petitioner if the same petition is continued by the Family Court. The learned counsel for the petitioner was asked as to how his client is prejudiced by continuing the same O.P. and he stated that since the filing of the petition was before a court without jurisdiction he is entitled to get it dismissed.