Which court has jurisdiction to hear a divorce case?

A divorce petition is ordinarily filed before the Family Court having territorial jurisdiction. In places where no Family Court has been established, the petition is presented before the competent District Court, in accordance with the Family Courts Act, 1984 and the Hindu Marriage Act, 1955.

Section 19 provides that every petition under the Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction:

1.     The marriage was solemnized, or

2.     The respondent, at the time of presentation of the petition, resides, or

3.     The parties to the marriage last resided together, or

4.     The petitioner is residing at the time of presentation of the petition, in cases where the respondent is, at that time, residing outside the territories to which the Act extends, or has not been heard of as being alive for a period of seven years or more.

Application to Specific Situations:

1.     Where Both Parties Reside in the Same City:

Jurisdiction ordinarily lies with the Family Court of that city, being both the place of marriage or last cohabitation and the respondent's residence.

2.     Where Parties Reside in Different Cities:

The petitioner may choose to file at the place of marriage, the place of last cohabitation, or the respondent's current residence offering some flexibility, particularly where the petitioner wishes to avoid inconvenience.

3.     Where the Respondent Resides Abroad (NRI Cases):

The petitioner may file at their own place of residence, provided the respondent resides outside the territories to which the Act extends, as clarified under Section 19(iii-a).

Thus, a divorce case under the Hindu Marriage Act is ordinarily heard by the Family Court (or the District Court, where no Family Court exists) having jurisdiction under Section 19, based on factors such as the place of marriage, the residence of the parties, or the place where they last lived together.