(i) the marriage was solemnized; or
(ii) the respondent, at the time of the presentation of the petition, resides; or
(iii) the parties to the marriage last resided together; or
(iv) 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 by those who would naturally have heard of him if he were alive.
(2) Without prejudice to any jurisdiction exercisable by the Court under sub-section (1), the district Court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.
Legal Commentary & Landmark Judgments: Section 31
Section 31 of the Special Marriage Act, 1954 governs the territorial jurisdiction of District Courts and Family Courts in matrimonial petitions.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 31(1)(iiia) empowers deserted wives to institute proceedings at their current residence or parental shelter. Where conflicting petitions are instituted in different jurisdictions, High Courts and the Supreme Court routinely transfer the husband's petition to the court where the wife has instituted proceedings under Section 31.