Jurisdiction to file a divorce petition in India

JURISDICTION FOR FILLING OF PETITION FOR DIVORCE

-a court capable of entertaining matrimonial cases

-a court that has territorial jurisdiction over the place of marriage, the place where the couple last resided together, and the place where the respondent spouse currently resides. If the respondent resides abroad, then the petition can also be filed in India the place of residence of the petitioner

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'Women can file for divorce anywhere'

TNN Jul 13, 2010, 02.30am IST

CHENNAI: In a crucial ruling that is sure to cheer up women fighting divorce cases with husbands residing in a foreign country, the Madras high court has said that the family court in India had jurisdiction to try matrimonial litigation even if the husband is a citizen of a foreign country and not an ordinary resident of India.

A division bench comprising Justice Elipe Dharma Rao and Justice KK Sasidharan pointed out that the amended Section 19 of the Hindu Marriage Act extended to outside India. "The fact that the husband is residing outside the territory does not prevent the wife from applying before the local designated court to redress her grievances," the bench said.

Source : The Time of India.

Link: http://articles.timesofindia.indiatimes.com/2010-07-13/chennai/28309770_1_hindu-marriage-act-family-court-divorce-cases