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Cruelty Allegations Shift Divorce Case Jurisdiction
6 Oct
Summary
- Divorce case jurisdiction can extend beyond marriage location.
- Court considers allegations in the petition, not their truth.
- Wife's move to Jammu after alleged cruelty established jurisdiction.
The Jammu and Kashmir and Ladakh high court has clarified territorial jurisdiction in divorce cases. A wife filed for divorce in Jammu, alleging cruelty by her husband and his family after their marriage in Rajouri. Her husband challenged the jurisdiction, arguing the case should be heard in Rajouri where the marriage occurred and alleged incidents took place.
The high court upheld the family court's decision to hear the case in Jammu. Justice Sanjay Dhar noted that the wife had moved to Jammu on August 22, 2023, after alleging cruelty. She further claimed derogatory remarks were made against her family in Jammu on October 25, 2023.
The court stressed that under Order VII Rule 10 of the CPC, it must consider only the petition's averments, not the truth of allegations, when deciding jurisdiction. Since the wife alleged acts of cruelty and subsequent desertion occurred in Jammu, a part of the cause of action arose there.
This ruling means that while the allegations of cruelty are not proven at this stage, the petition itself contains sufficient grounds for the Jammu court to have territorial jurisdiction. The husband's petition to have the case returned was dismissed as lacking merit.
