Dear Madam

Usually the court will take into consideration the last resided place as jurisdiction to file petition. Since the last resided US cannot be taken into consideration.  the husband filed it in Mumbai as it is your matrimonial house (as you have not disclosed the place the husband place of residence)  If your husband does not belong to Mumbai the said divorce petition definitely dismissed.  The relevant judgments cannot be provided since it requires lot of research work and the family court is a fact finding court.

See the Court in your situation shall dismiss the divorce as per facts narrated by you and order to file before the appropriate jurisdiction. The court may not transfer the case interstate if the applicant failed to prove the  jurisdiction of the case. 

See it would be discretion of the court, further dismissal with liberty to file afresh or transfer the case to appropriate jurisdiction wont effect your stand or the merits of the case.

1) If summons are accepted by your family members than it can't dismissed but transferred in Delhi.

2) If summons are not at all served by you and your family then till you get summons by court the hearing wont get start.

if the court the lawsuit is filed in does not have jurisdiction to hear the case, they cannot rule on the merits of the case. That would definitely be an impact on the case. Either the court should transfer the filing to the correct court, or it should be dismissed for lack of jurisdiction. 

Hello

         The jurisdictional issue is purely a legal issue and therefore is not dependent upon lengthy arguments. The judge has to only look at the applicable law and apply it. As your case is legally sound therefore there should not be any problem.the hindu marriage act specifically states where the divorce petition is to be filed. Therefore the case shall be dismissed.

Regards 

Courts in Mumbai would not have jurisdiction as marriage was solemnised in Delhi after marriage you resided together in USA . 

For courts in mumbai to have jurisdiction you should have resided in Mumbai with your husband or separately 

if the trial court was of the view that the trial court had no territorial jurisdiction then it should have ordered for return of the plaint for presentation in proper court

1. If no cause of action occurred in Mumbai then no suit can be filed in Delhi.

2. The court due to lack of territorial jurisdiction can return of plaint so that it can be filed in the court where it should be filed.

3. So it is the discretion of the court whether to return the plaint to be filed in court having jurisdiction or to dismiss it with liberty to file it afresh in the court where it is to be filed .

Even though you have resided in US last together, in India you both resided in Mumbai together, which may be taken into account.

However let your lawyer fight it out on the same basis and the court may decide accordingly.

Because, for transfer of this case to Delhi,  you my have to apply for the same before the supreme court only.

This matter calls for a transfer to the appropriate court and not a dismissal 

A family court does have jurisdiction to try a divorce matter

Though summons were not sent in US, that is no ground for a dismissal, especially when you have already entered appearance through a lawyer. 

The last ground of having last resided in US, will be of no consequence 

1. A petition for divorce can be filed where either marriage was solemnized or couple last resided together. 

2. Wherever you last resided together in India is the place where the petition is maintainable. What is material is where the couple last resided in India. 

The best argument you have already suggested in your question. The same is fit one.  If any time after marriage you have resided in matrimonial relationship with him in Mumbai then only it can be jurisdiction

Dear Client,

Court will order either withdraw and present in proper court or dismiss forthwith. Petition barred by jurisdiction.

1. As per the information mentioned in the present query, makes it clear that the question go Jurisdiction has arisen in the present case.
2. Though either of the spouse has the liberty to file the divorce at a place where they have been residing, but subject to certain exceptions.
3. He has filed it, but the same should be dismissed on the ground that the cause of action not even arise in India as lastly they were resides in US.
4. I ll have to see some good judgements on it, so that they may help you to decide/dismissed the case as soon as possible.

1)If your husband is put up in Mumbai when he presented the petition in family Court, and you were abroad, then the Mumbai court has territorial jurisdiction. 

2) Sorry to say, your advocte has misguided you. Your plea will be dismissed, and it's most likely to put an unfavorable impression upon the judge. 

3) you are best adviced to change your advocte. Make an application to court regarding the same. 

4) there's no scope of any case laws (precedents/ previous verdicts) The Hindu Marriage Act provisions regarding jurisdiction are very clear . Read it 

Read section 19 of the Hinu marriage Act (amended in 2003).... S. 19(2)(iv). 

The Hindu Marriage Act 1955

This jurisdiction applies to a marriage solemnized under this Act only. Section 19 of the Act provides for the Court to which petition under this Act shall be presented. Every petition under the Act shall be filed with the District Court( family courts) within the local limits of whose ordinary civil jurisdiction:

• The Marriage was solemnized, or
• The respondent at the time of the presentation of the petition resides, or
• The parties to the marriage last resided together, or
• In case wife is the petitioner, where she is residing on the date of presentation of the suit, or
• The petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years.

The husband can file the petition in any three of the following District Court within the local limits where

• The Marriage was solemnized, or
• The Respondent resides, or
• The parties last resided together.

Since you last resided with your husband in Mumbai fir period if 10 days before going to USA your husband can argue that family court in Mumbai would have jurisdiction 

See if you want to make things work then it's better to ask for mediation and talk to him in case it is dismissed then also he can file afresh in Delhi also since you both resided together at Mumbai last in India the court may accept the jurisdiction.

Very simple argument that Lack of jurisdiction! Many cases dismissed case studies available in net.

Mumbai court has clear jurisdiction in your case.

Wording says, last resided together - which is not in your case. Prove your stay in USA, it will get dismissed for want of jurisdiction.