Wife Must Be Physically Residing Within Court’s Jurisdiction to File for Divorce: Punjab & Haryana HC

The Punjab and Haryana High Court has held that under Section 19(iii-a) of the Hindu Marriage Act, a wife seeking divorce must be physically residing within the territorial jurisdiction of the court when filing a divorce petition. 

The ruling came in a case where a woman filed for divorce in Faridabad while residing in Canada on a study visa. Her husband challenged the court’s jurisdiction. The Family Court upheld the objection and returned the petition.

The court upheld the Family Court’s rejection of her plea, dismissed her appeal, and directed expedited proceedings, noting the matter had already been pending for over two years.