Section 19 HMA: Court to which petition shall be presented

Hindu Marriage Act, 1955

Section 19 HMA at a Glance

Section 19 HMA fixes which district court receives a petition under the Hindu Marriage Act, 1955. Filing depends on the place of marriage, the respondent's residence, the spouses' last shared residence, a wife petitioner's residence, or two special cases.

Section 19 HMA Bare Act Text

19. Court to which petition shall be presented.

Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction:—

(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

(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, 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 or more by those persons who would naturally have heard of him if he were alive.

Amendments to this section
  • Subs. by Act 68 of 1976, s. 12, for s. 19 (w.e.f. 27-5-1976).
  • Ins. by Act 50 of 2003, s. 4 (w.e.f. 23-12-2003).

Section 19 HMA in Simple Words

Section 19 HMA specifies which district court has territorial jurisdiction to receive a petition under the Hindu Marriage Act, 1955, such as a petition for judicial separation under Section 10 HMA, a decree of nullity under Section 11 HMA, or divorce under Section 13 HMA. Every petition under the Act must be presented by the petitioner (the spouse filing the case) against the respondent (the other spouse) to a district court whose ordinary original civil jurisdiction (the local area in which that court tries civil cases at the first stage) covers at least one of the connections listed in Section 19 HMA.

Three choices are open to either spouse as petitioner. Under Section 19(i) HMA, the petition may go to the district court for the area where the marriage was solemnized (performed as a marriage ceremony). Under Section 19(ii) HMA, it may go to the district court where the respondent resides at the time the petition is presented. Under Section 19(iii) HMA, it may go to the district court where the parties to the marriage last resided together.

Section 19(iiia) HMA gives an additional choice when the wife is the petitioner: the wife may present the petition to the district court where the wife is residing on the date the petition is presented. Section 19(iv) HMA allows any petitioner to file where the petitioner resides at the time the petition is presented, but only in two situations: where the respondent at that time resides outside the territories to which the Hindu Marriage Act, 1955 extends, or where the respondent has not been heard of as being alive for 7 years or more by the persons who would naturally have heard of the respondent if the respondent were alive.

Section 19 HMA decides which place's court hears the petition. In an area that has a Family Court, these petitions go to the Family Court instead of the district court: section 7 of the Family Courts Act, 1984 gives the Family Court this jurisdiction, and section 8 of that Act stops the district court from exercising it there. The places listed in Section 19 HMA still decide which Family Court that is.

Section 19 HMA was substituted by Act 68 of 1976 with effect from 27 May 1976, and an insertion in Section 19 HMA was made by Act 50 of 2003 with effect from 23 December 2003.

When Section 19 HMA Applies

  • The petition under the Hindu Marriage Act, 1955 must be presented to the district court exercising ordinary original civil jurisdiction over a qualifying local area.
  • Either spouse may file where the marriage was solemnized (Section 19(i) HMA), where the respondent resides when the petition is presented (Section 19(ii) HMA), or where the spouses last resided together (Section 19(iii) HMA).
  • Where the wife is the petitioner, the petition may also be presented where the wife is residing on the date of presentation (Section 19(iiia) HMA).
  • A petitioner may file where the petitioner resides when the petition is presented if the respondent then resides outside the territories to which the Hindu Marriage Act, 1955 extends (Section 19(iv) HMA).
  • A petitioner may also file where the petitioner resides when the petition is presented if the respondent has not been heard of as being alive for 7 years or more by persons who would naturally have heard of the respondent if alive (Section 19(iv) HMA).

Example of Section 19 HMA

Deepika and Anirudh had a Hindu marriage solemnized in Jodhpur and later lived together in Vadodara. Following a disagreement in the marriage, the spouses separated, Anirudh stayed in Vadodara, and Deepika moved to Indore. Deepika decides to present a divorce petition under Section 13 HMA against Anirudh. Under Section 19 HMA, Deepika can present the petition to the Family Court in Jodhpur under clause (i), in Vadodara under clause (ii) or clause (iii), or in Indore under clause (iiia) because Deepika is the wife petitioner residing in Indore on the date of presentation.

FAQs on Section 19 HMA

What is Section 19 HMA?▼

Section 19 HMA identifies which district court has territorial jurisdiction to receive a petition under the Hindu Marriage Act, 1955. Depending on the facts, the petition goes to the district court where the marriage was solemnized, where the respondent resides, where the spouses last resided together, where a wife petitioner resides, or where the petitioner resides in two special situations.

Can a wife file a petition under the HMA at the wife's current place of residence?▼

Yes. Under Section 19(iiia) HMA, when the wife is the petitioner, the petition may be presented to the district court within whose local limits the wife is residing on the date the petition is presented.

Can a husband use Section 19(iiia) HMA to file where only the husband resides?▼

No. Section 19(iiia) HMA applies only when the wife is the petitioner. A husband petitioner can file at the husband's own place of residence only if the case falls within one of the two special situations in Section 19(iv) HMA.

When does Section 19(iv) HMA allow filing at the petitioner's own place of residence?▼

In two cases. Under Section 19(iv) HMA, a petitioner may present the petition where the petitioner resides if, at that time, the respondent resides outside the territories to which the Hindu Marriage Act, 1955 extends, or if the respondent has not been heard of as being alive for 7 years or more by persons who would naturally have heard of the respondent.

What happens if both spouses file separate divorce or judicial separation petitions in different district courts?▼

Section 21A HMA governs that situation. Where one spouse presents a petition under Section 10 HMA or Section 13 HMA to a district court having jurisdiction and the other spouse later presents a petition under Section 10 HMA or Section 13 HMA in a different district court, Section 21A(2)(b) HMA directs that the later petition is transferred to the district court where the earlier petition was presented.

Have questions about Section 19 HMA?

Ask NyayGuru about your situation and get an answer based on the Hindu Marriage Act, 1955.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·