THOMAS K VARGESE Vs. FAMILY COURT

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 S.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.) Before me, it was agreed by both sides that all amendments affecting substantive rights of parties can be only prospective unless it is made retrospective by the Amending Act itself. It is also agreed that amendments which are affecting procedural rights of parties are deemed to be retrospective in nature. Therefore, the question to be decided in this case whether the amendment to S.3(3) of the Divorce Act conferring the jurisdiction to District Court within whose jurisdiction the marriage was solemnised will validate the petitions already filed which on the finding of facts could not be filed before that court but for the amendment.