Section 19: Court to which petition shall be presented

Hindu Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1955

Legal Commentary & Landmark Judgments: Section 19

Section 19 of the Hindu Marriage Act, 1955 governs the territorial jurisdiction of District Courts and Family Courts in entertaining matrimonial petitions.

  • Statutory Powers & Jurisdiction: Section 19 provides the comprehensive jurisdictional matrix for presenting petitions under the Act.
  • Operational Mechanism & Scope: Clause (iiia), inserted by the Marriage Laws (Amendment) Act, 2003, represents a major legislative reform empowering deserted wives to initiate matrimonial actions at their current place of residence.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:
  • Sumita Singh v. Kumar Sanjay (2001) 10 SCC 41: The Supreme Court established the paramount principle that in matrimonial disputes, the convenience of the wife must be given primary consideration when considering transfer petitions under Section 25 CPC, a doctrine fortified by the statutory recognition in Section 19(iiia).
  • Jeewanti Pandey v. Kishan Chandra Pandey (1981) 4 SCC 517: The Supreme Court clarified that 'resides' means having a permanent home or an actual physical dwelling place with the intention of residing, and not a casual, flying, or temporary visit.
  • Navneet Arora v. Surender Kaur (2014 SCC OnLine Del 7617): The Delhi High Court affirmed that Section 19(iiia) provides an independent forum to the wife, allowing her to file where she is currently sheltered, including parental residence, post-matrimonial separation.
Legal Commentary:

Section 19 is a key threshold provision in matrimonial litigation. Where both parties file cross-petitions in different courts (e.g. husband filing for restitution in District A, and wife filing for divorce or maintenance in District B), the Supreme Court or High Court under Sections 24 and 25 CPC routinely exercises power to transfer proceedings to the court where the wife resides, citing the legislative intent underlying Section 19(iiia).