The Allahabad High Court while dismissing an appeal held that the fact that a reception was hosted at Prayagraj, is not relevant for the purpose of conferring jurisdiction on the Family Court under Section 19 of the Hindu Marriage Act, 1955.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh passed this order while hearing an appeal filed by Anup Singh.
The appeal arises out of an order passed by the Family Court, Prayagraj refusing to entertain the petition of the husband for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955, on the ground that the Court lacks territorial jurisdiction to entertain such a claim. Subsequent applications filed for review have also been rejected.
The Court noted that,
The Trial Court has recorded a categorical finding that marriage between the parties was not solemnized at Prayagraj and they have also not lived together lastly as a married couple at Prayagraj. In such circumstances, the Court has concluded that necessary ingredients to vest jurisdiction in the Family Court, Allahabad, is lacking.
The appellant, however, contends that after marriage between the parties got solemnized at Pratapgarh, a reception was hosted at Prayagraj. It is also contended that the finding of the Trial Court that the parties lastly lived at New Delhi is also incorrect.
The Court observed that,
We have perused the plaint of the husband, which states that the marriage between the parties was solemnized at Pratapgarh. Mere fact that a reception party was later hosted at Prayagraj, would not be material.
Clause (i) of Section 19 of the Hindu Marriage Act specifies that place of marriage between the parties would be a relevant consideration to vest jurisdiction in the Court concerned. The fact that a party was hosted later at Prayagraj, therefore, would not be relevant for the purposes of conferring jurisdiction of Family Court at Prayagraj.
“It remains undisputed that the marriage between the parties was solemnized at Pratapgarh. The Trial Court has otherwise recorded a finding that the parties lived together lastly at New Delhi. In the plaint, our attention has not been invited to any specific assertion as per which the parties after their marriage lived as a married couple lastly at Prayagraj. The evidence has been examined by the Trial Court to return a finding that the parties lastly lived together at New Delhi. The finding of the Trial Court on the aspect relating to the place where the parties lastly lived together as husband and wife, is thus not shown to be erroneous or perverse in such circumstances.
We find no illegality or infirmity in the judgment of the Family Court refusing to entertain the petition on the ground of lack of territorial jurisdiction,” the Court further observed while dismissing the appeal.
Dismissal of the appeal will not preclude the appellant from approaching the competent Court for necessary relief, the order reads.
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