KASHMIRA KALE Vs. KISHOREKUMAR MOHAN KALE

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) This Writ Petition challenges the order of the learned Judge, Family Court No. 4, Pune, dated 14.9.2009 holding that the Court has jurisdiction to try the Petition for divorce filed by the Respondent-husband herein, upon the finding that the parties matrimonial home was at Aundh, Pune, where the parties last resided together whilst they lived in India. It is the contention of the Petitioner-wife that parties are domiciled in the United States of America (the U.S.) and not in India and hence are outside the applicability of the Hindu Marriage Act, 1956 itself.

(3.) Section 1(2) of the Hindu Marriage Act applies only to Hindus domiciled in the territories to which the Act applies and the Act applies to the whole of India except the State of Jammu and Kashmir.