CHAPTER V
JURISDICTION AND PROCEDURE
19. COURT TO WHICH PETITION SHALL BE PRESENTED.—
(SECTION 19 SUBS, BY THE MARRIAGE LAWS (AMENDMENT) ACT, 1976.)
Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction—
I. the marriage was solemnized; or
III. the respondent, at the time of the presentation of the petition resides; or
III. the parties to the marriage last resided together; or
(III-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or
IV. the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at the time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
Clause iii-a - Inserted by the Marriage Laws (Amendment) Act, 2003, Section 4.
This section has been recasted by the Marriage Laws (Amendment) Act, 1976. The old section did not take sufficient account of cases where one of the parties did not reside in India or his whereabouts were unknown.
District courts means in any area for which there is a civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes, any other civil court which may be specified by the State Government by notification in the official Gazettes as having jurisdiction in respect of the matters dealt within this Act.
MAHADEVI V. N.N. SIRATHIA, (AIR 1974 All 36.)
In the context of clause (ii) of the section, the word "resides" must mean actual place of residence and not a legal or constructing residence, it certainly does not connote the place of residence.
"Section 19 does not deal with the length of residence. Even a short residence may be sufficient to give the court jurisdiction to entertain petition.
If the husband and wife had lived together in the same residence then they must be deemed to have resided together.
S. 20- CONTENTS AND VERIFICATIONS OF PETITIONS.—
1. Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded and except in a petition under Section 11, shall also state that there is no collusion between the petitioner and the other party to the marriage.
2. The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.
21 APPLICATION OF ACT V OF 1908.—
Subject to the provisions contained in this Act and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.
(Secs. 21-A, 21-Band 21-C, inserted by the Marriage Laws (Amendment) Act, 1976.)
21-A. POWER TO TRANSFER PETITIONS IN CERTAIN CASES.—
1. Where—
a. a petition under this Act has been presented to a District Court, having jurisdiction, by a party to a marriage praying for a decree for judicial separation under Section 10 or for decree of divorce under Section 13, and
b. another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under Section 10 or for a decree of divorce under Section 13 on any ground, whether in the same District Court or in a different District Court, in a different State, the petitions shall be dealt with as specified in sub-section (2).
2. In a case where sub-section (1) applies,—
a. if the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court;
b. if the petitions are presented to different District Courts, the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the District Court in which the earlier petition was presented.
3. In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, f908 (5 of 1908) to transfer any suit, or proceeding from the District Court in which the later petition has been presented to the District Court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.
Section 21-A has been inserted by the Marriage Laws (Amendment) Act, 1976 in order to avoid multiplicity of proceedings and inconvenience to go into the entire marital life of the parties.
The section provides that where proceedings seeking relief of judicial separation or divorce are filed in different courts, the court wherein the petition was earlier presented, shall try and dispose of all matters.
The section makes special provision for the transfer of certain proceedings under the Hindu Marriage Act. But it is not to be taken that this special provision excludes the general provisions relating to transfer of cases.
The section specifically relates only to two kinds of petitions namely : (1) a petition praying for a decree for judicial separation under Section 10 of the Act, and (2) an application for a decree of divorce under Section 13 of the Act.
The section permits only consolidation of two types of petitions under the Act. Consolidation of joint hearing of other types of petitions is excluded by necessary intendment, and the powers under Sections 23 to 25 of Code of Civil Procedure cannot be exercised for transfer of petitions for a consolidated hearing of the petitions not contemplated by the section.
Recently, the Supreme Court has held that if the parties are for transfer of the petition with mutual consent the court can transfer the case. (Deepa Bhatia v. Yogesh Bhatia, AIR 2017 SC 3102.)
21-B. SPECIAL PROVISION RELATING TO TRIAL AND DISPOSAL OF PETITIONS UNDER THE ACT.—
1. The trial of a petition under this Act, shall so far is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
2. Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
3. Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.
This section has been added by the Marriage Laws (Amendment) Act, 1976 with a view to expedite the trial of petitions made under the Hindu Marriage Act. The trial is required to continue matrimonial proceedings from day-to-day until its conclusion.
Where the trial court adjourns the hearing it should do for reasons to be recorded. It is further required that the court should conclude the trial as expeditiously as possible within six months from the date of services of notice of the petition on the respondent.
The proceedings in appellate court are also required to be completed within the period of three months from the date of service of notice of appeal on the respondent. The provisions of the section are not mandatory.
21-C. DOCUMENTARY EVIDENCE.—
Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.
Section 21-C has also been inserted by the Marriage Laws (Amendment) Act, 1976 to provide for the admission of documents in evidence even though they are not duly stamped and registered.
22. PROCEEDINGS TO BE IN CAMERA AND MAY NOT BE PRINTED OR PUBLISHED.—
(SEC. 22 SUBS BY THE MARRIAGE LAWS (AMENDMENT) ACT, 1976.)
1. Every, proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding, except a judgment of the High Court or the Supreme Court printed or published with the previous permission of the Court.
2. If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupee.
