Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction -
the marriage was solemnized, or
the respondent, at the time of the presentation of the petition, resides, or
the parties to the marriage last resided together, or
(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or
the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that 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 person who would naturally have heard of him if he were alive.
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.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
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).