NIKHIL SHRINIVAS KULKARNI Vs. PRIYA NIKHIL KULKARNI

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) The question raised by the appellant before this court is as to whether the Family Court in India has got jurisdiction to try the matter involving a foreign citizen whose domicile is outside the territory to which the Hindu Marriage Act extends.

(3.) The case of the respondent is that she and the appellant are both Hindus and her marriage with the appellant took place on 03.12.2007 at Pune as per Hindu Vedic Rites. The respondent filed a petition for divorce and maintenance being P.A. No. 1034 of 2008 before the Family Court at Pune. By filing Exh. 12, the husband had challenged the jurisdiction of the Family Court at Pune to try and decide the petition on the ground that he was not a domicile of India and therefore, the petition is barred under Section 1(2) of the Hindu Marriage Act. The Family Court observed that the case of the respondent was that she and the appellant got married at Pune whereas the case of the appellant was that they were married in USA, hence, the Family Court directed the parties to lead evidence if any, in support of their claims only to the point of marriage. The said decision was challenged before this Court. This Court observed that the contention of the appellant is that the parties were not at all married whereas the contention of the respondent was that they were married in Pune as per Hindu Vedic Rites. This Court observed that there was no reason for the appellant to shy away from evidence being led. Observing thus, this Court held that no case was made out to interfere with the said order dated 10.02.2012. Thereafter, the parties led evidence. After leading evidence, the matter was again heard by the Family Court. After going through the evidence led by both the sides, the Family Court held that the marriage had taken place in Pune and in view of Section 19 of the Hindu Marriage Act, the Family Court at Pune would have the jurisdiction to deal with the matrimonial proceedings initiated by the wife and also on the ground that she is residing within the jurisdiction of the said Court. Observing thus, the application preferred by the applicant - husband, wherein he has raised the plea that the Family Court at Pune had no jurisdiction, came to be rejected by order dated 05.08.2013. Hence, this petition.