UMA TIWARI Vs. VIKRANT TIWARI

JUDGEMENT

(1.) THIS unfortunate case relates to a young couple, who wants divorce by consent. Both the parties had reached a decision that they can not live together and filed a petition under Section 13-B of Hindu Marriage Act before Family Court, Gwalior, praying therein that decree for divorce by mutual consent be granted. Petition was filed on 15th January, 2004. Court after receiving the application fixed the case six months after filing of the application and recorded the evidence of wife and husband on 23-7-2004. After recording the evidence, Family Court has held that it has no jurisdiction to entertain the dispute. Family Court held that parties were married at Bhind and parties lived together as husband and wife at Bhopal therefore, husband's application before the Family Court at Gwalior is not maintainable. Section 19 of the Hindu Marriage Act is amended by Marriage Laws (Amendment) Act, 2003 on 23-12-2003. As per amendment cause of action to file petition shall be at place where wife is the petitioner and she is residing on the date of presentation of petition, will have jurisdiction to entertain the dispute. Family Court has held that this is a joint application and application is not filed by the wife alone, therefore, Family Court at Gwalior has no jurisdiction to entertain the dispute and ordered for return of petition to the parties for its presentation before the Court of competent jurisdiction.

(2.) SHORT question involved in the case is whether Family Court has jurisdiction to entertain the dispute.

(3.) IT is not in dispute that wife is residing at Gwalior and husband is not residing at Gwalior. Question involved in the case is whether joint petition by the husband and wife will be maintainable before the Family Court at Gwalior where one of the parties is not residing within the jurisdiction of the Family Court, Gwalior or the cause of action, i. e. , marriage of parties and parties last resided together is not at Gwalior.