The Allahabad High Court has recently dismissed an appeal filed by a husband challenging a family court’s refusal to entertain his divorce petition on the grounds of jurisdiction.

The Court emphasized that a divorce petition cannot be filed at the location of a marriage reception, as the jurisdiction under the Hindu Marriage Act, 1955, is strictly defined by Section 19.

Section 19 of the Act stipulates that a divorce petition must be filed in the district court where one of the following conditions is met: (i) the marriage was solemnized, (ii) the respondent resides, (iii) the couple last lived together, (iiia) the wife resides if she is the petitioner, or (iv) the petitioner resides if the respondent is missing or outside India's jurisdiction for at least seven years.

The division bench, consisting of Justices Ashwani Kumar Mishra and Donadi Ramesh, reaffirmed that jurisdiction cannot be determined based on the location of post-wedding celebrations.

The case arose when the man’s divorce petition was rejected by the Family Court in Prayagraj due to territorial jurisdiction issues. Although the man’s marriage was solemnized in Pratapgarh, he argued that because the reception was hosted in Prayagraj, the Prayagraj court should have jurisdiction.

However, the family court dismissed the plea, noting that neither the marriage nor the couple’s last residence as husband and wife was in Prayagraj.

The High Court upheld the family court’s decision, stating that hosting a reception at a particular venue does not fulfill the jurisdictional criteria under Section 19.

The Court concluded that the appeal had no merit and dismissed it. However, the dismissal of the appeal did not prevent the appellant from seeking relief in the appropriate court.

Case Title: Anup Singh Vs. Smt. Jyoti Chandrabhan Singh