Delhi HC says earlier residence can't confer jurisdiction when couple last lived together elsewhere
New Delhi, Sept. 8 -- The Delhi High Court has observed that merely because a husband and wife had earlier resided together within Delhi would not confer territorial jurisdiction on a Delhi Family Court if they subsequently shifted elsewhere and last resided together at another place.
The Court said that under Section 19(iii) of the Hindu Marriage Act, 1955, it is the place where the parties "last resided together" that is relevant for determining territorial jurisdiction in matrimonial proceedings.
A Division Bench of Justice Vivek Chaudhary and Justice Renu Bhatnagar made the observations while dismissing an appeal filed by a woman challenging the return of her divorce petition by a Family Court at Saket for want of territorial jurisd...
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