The Punjab and Haryana High Court has ruled that a wife filing for divorce under the Hindu Marriage Act must be physically and actually residing within the court’s territorial jurisdiction at the time of filing.
Case Background
The woman had filed for divorce in the Faridabad Family Court while residing in Canada on a study visa. After two and a half years of proceedings, her husband challenged the court’s jurisdiction.
On December 17, 2024, the Family Court ruled that it lacked jurisdiction and ordered the petitioner to refile the petition in the proper court.
Petitioner’s Stance
The wife argued that the requirement of “residing” should not be interpreted strictly. She claimed her temporary stay abroad should not affect jurisdiction.
Court’s Ruling
Justices Sureshwar Thakur and Vikas Suri examined Section 19(iii-a) of the Hindu Marriage Act. The section allows a wife to file a petition in a court where she “is residing on the date of presentation.”
The Court clarified that this means she must be physically and actually residing in that jurisdiction when filing the petition. The phrase does not imply “ordinary residence” or temporary connections.
Final Verdict
The Court dismissed the appeal. It held that the Faridabad Family Court rightly rejected the plea due to lack of jurisdiction. The wife was directed to refile the divorce petition in a court based on her actual physical residence.
To avoid further delays, the Court asked the new Family Court to expedite proceedings.
