Temporary residence of wife does not oust the jurisdiction of Family Court where her permanent residence is located.

Rajasthan High Court Upholds Jurisdiction of Jalore Family Court in Divorce Case. Temporary Residence in Ahmedabad Does Not Affect Jurisdiction of Wife's Permanent Residence in Jalore

In a significant ruling, the Rajasthan High Court has overturned a previous order rejecting the jurisdiction of the Family Court in Jalore over a divorce petition filed by Anupama Modi against Subodh Modi. The appellate court, comprising Justices Munnuri Laxman and Bipin Gupta, ruled on September 8, 2025, that the temporary residence of the appellant-wife in Ahmedabad does not negate the jurisdiction of the Family Court in Jalore, where her permanent residence is located.

The case involved a dispute over the jurisdiction under Section 19 of the Hindu Marriage Act, 1955. The appellant, Anupama Modi, had filed for divorce in the Family Court at Jalore, citing her permanent residence there after being driven out of her matrimonial home. The respondent, Subodh Modi, contested the jurisdiction, arguing that Anupama's temporary stay in Ahmedabad for employment purposes negated the jurisdiction of the Jalore court.

The Family Court had initially accepted the respondent's argument, resulting in the dismissal of the divorce petition on jurisdictional grounds. However, the appellate bench clarified that the temporary nature of Anupama’s stay in Ahmedabad did not affect the Family Court's jurisdiction in Jalore. The court emphasized that the permanent residence is the determining factor for jurisdiction, not temporary residence due to employment.

The court further noted that the pleadings in the divorce petition clearly indicated that Anupama was residing with her parents in Jalore at the time of filing the petition. The court criticized the Family Court's reliance on external evidence and pleadings in reply, stating that the primary consideration should be the pleadings of the petitioner.

The judgment also referenced prior cases, including those from the Gujarat and Kerala High Courts, which supported the view that temporary residence does not affect jurisdictional rights based on permanent residence.

In its conclusion, the appellate court set aside the Family Court's order, restored the divorce petition, and directed both parties to present their evidence regarding jurisdiction during trial proceedings. The parties are scheduled to appear before the trial court on October 15, 2025.

Bottom Line:

Jurisdiction of Family Court under Section 19 of Hindu Marriage Act, 1955 - Temporary residence of wife does not oust the jurisdiction of Family Court where her permanent residence is located.

Statutory provision(s): Hindu Marriage Act, 1955 Section 19, Civil Procedure Code, 1908 Order VII Rule 11

Anupama Modi v. Subodh Modi, (Rajasthan)(DB) : Law Finder Doc Id # 2778965