Mumbai High Court Clarifies Reception Ceremony Not Part of Wedding Ceremony in Divorce Jurisdiction Case

The Mumbai High Court has made a significant observation regarding the jurisdiction of divorce petitions in a recent hearing. Justice Rajesh Patil emphasized that the Bandra Family Court cannot hear a divorce petition filed by a husband if the wedding ceremony took place in Jodhpur and the reception ceremony occurred in Mumbai. The court clarified that the reception is not considered part of the wedding ceremonies or marriage.

The case involves a couple who married in Jodhpur in June 2015 and later held a reception in Mumbai. Following the reception, they resided in America, where they worked together for four years before separating in 2019. The husband filed for divorce in the Bandra Family Court in August 2020, citing cruelty, while the wife initiated divorce proceedings in the US four months later.

In her petition before the Bandra Family Court in August 2021, the wife challenged the jurisdiction of the court under Section 19 of the Hindu Marriage Act, 1955. She argued that the husband’s petition should be heard in the court where the marriage ceremony took place, which was Jodhpur. The wife’s counsel contended that since only the reception occurred in Mumbai and the couple stayed there briefly before moving to America, the court lacked jurisdiction over the divorce petition.

The court upheld the wife’s argument, noting that the husband filed for divorce while still residing in America. It emphasized that the Bandra Family Court could not hear the case as the reception ceremony in Mumbai did not constitute part of the original wedding ceremony. This ruling underscores the importance of filing divorce petitions in the appropriate jurisdiction based on the location of the marriage ceremony.