Brief by Shorts91 Newsdesk / 11:43am on 02 Nov 2023,Thursday India
The Allahabad High Court has ruled that divorce proceedings cannot be initiated in a court based solely on casual visits to its jurisdiction. Interpreting the Hindu Marriage Act's reference to 'residing', the bench said more than a casual visit is required for jurisdiction. It dismissed an Australian woman's appeal against a Moradabad family court rejecting her divorce plea for lack of jurisdiction. Though the Act allows women to file at their place of residence, the court said undisputedly the woman resides in Australia. Mere arguments against procedural flaws don't override the jurisdictional issue, the HC held. Casual visits don't meet the 'residing' threshold for divorce jurisdiction.
