Section 19 of HMA : Section 19: Court To Which Petition Shall Be Presented

Explanation using Example

Let's consider a hypothetical scenario where Priya and Rohan got married in Mumbai, but soon after their marriage, they moved to Delhi where they lived together. After a few years, their relationship deteriorated, and Priya decided to file for divorce. At the time of filing the petition, Rohan was residing in London, and Priya had moved back to her parental home in Hyderabad.

According to Section 19 of The Hindu Marriage Act, 1955, Priya can present her divorce petition to any of the following:

• The District Court in Mumbai, where their marriage was solemnized.
• The District Court in Delhi, where they last resided together as husband and wife.
• The District Court in Hyderabad, where she is currently residing.

Priya decides to file the petition in Hyderabad for her convenience, as it is permitted under clause (iiia) of Section 19 since she is the wife and the petitioner.