Issue of jurisdiction to be decided before deciding on divorce

Bombay High Court: Deciding on the question whether a couple having their native place in
particular city or state can file for divorce in Family Court situated in
another city or state, a bench comprising V.M. Naik & P.B. Varale, JJ  has ruled that when such a question is
raised, the Family Court must first address the issue of jurisdiction, before
proceeding with the case.

In the present case, the wife had appealed
in the High Court against the divorce granted by the Family Court at Nagpur on
the grounds that since no cause of action arose there, the Court did not have
jurisdiction to entertain and decide the petition. She also denied the
allegations of cruelty and desertion made against her.

The Court noted that neither the marriage
was solemnised in Nagpur, nor did the couple reside there at any time. When her
husband moved to Nagpur she did move there with him. It was further noted that
despite the specific objection of the wife that the Petition should not be
entertained by the Family Court, it did not frame the issue with regard to the
jurisdiction. The Court set aside the judgment and remanded the case back to
the Family Court for framing and deciding the issue of jurisdiction and then
deciding the case on merits. [Kalpana Dhone vs.
Gorakhnath Govinda Dhone, 2015 SCC OnLine Bom
4709, decided on July
8, 2015]
Source: Legal news India

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