Case Note & Summary
The dispute arose between the appellant, a wife, and the respondent, a husband, regarding the jurisdiction of the District Judge, Almora to entertain a petition for nullity of marriage under section 12 of the Hindu Marriage Act, 1955. The parties originally belonged to village Bagyan, District Pithoragarh, Uttar Pradesh, and after a courtship, the appellant became pregnant. Due to opposition from her father, the appellant was brought to Delhi, where they married on January 24, 1976, according to Arya Samaj rites. Shortly after the marriage, the respondent left, alleging fraud and coercion, and filed a petition for nullity in Almora, claiming they resided in Bagyan. The appellant contested this, asserting they resided in Delhi. The District Judge ruled against her jurisdictional challenge, which was upheld by the High Court. The Supreme Court, however, found that both parties resided in Delhi at the time of the proceedings, thus the District Judge, Almora, did not have jurisdiction. The Court directed the petition for nullity to be returned for presentation to the proper court in Delhi, emphasizing that 'residence' must denote actual, permanent residence, not merely a legal or temporary one. The appeal was allowed, and no costs were awarded.
Headnote
A) Family Law - Jurisdiction - Meaning of 'Residence' - Jurisdiction of District Court under Hindu Marriage Act, 1955, Section 19 - The term 'resides' must mean actual residence and not merely legal or constructive residence; it requires a permanent character. The Court held that since both parties resided in Delhi at the commencement of proceedings, the District Judge, Almora lacked jurisdiction to entertain the petition for nullity of marriage (Paras 1008-1009).
Issue of Consideration
Whether the Court of the District Judge, Almora had jurisdiction to entertain the petition for nullity of marriage filed by the respondent under section 12 of the Hindu Marriage Act, 1955.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed the District Judge, Almora to return the petition for nullity of marriage for presentation to the proper court in Delhi.
Law Points
- Jurisdiction
- nullity of marriage
- residence
- Hindu Marriage Act
- 1955
- section 12
- section 19
