How to get the divorce case transferred or quashed ?
Section 19 of Hindu Marriage Act :-
Jurisdiction and Procedure
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
(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.
Brief facts of the case:-
• Marriage solemnized in district A
• Wife was staying in district A at her matrimonial home and is in govt. job posted in district A
• Wife filed FIR against husband and his family members in District A and shifted to district B with her parents and got transferred at the place in district A which is at the border of district A and B for convenience from travelling from district B as inter-district transfers are not opened in her department (primary school).
• Husband is working in District C and was visiting home on holidays/weekend to see his parents and wife in district A.
• Wife has filed the divorce case in District B
• All the districts i.e. A, B and C are in same state i.e. Uttar Pradesh.
Sir, I want to know :-
a) As per clause iv of Section 19, can wife file the divorce case in district B at her place where she is currently residing or is it conditional in case where husband is 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 ?
b) What is the legal remedy available to husband to get the divorce case transferred to District A or C or to any other district ? (preferable place for transfer is District A)
c) Can the proceedings in Family Court of District B be quashed as per Section 19 it does not have jurisdiction in this case ?
d) Any case law or other information in support of quashing or transfer of divorce case .