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Report No. 15

36. Court to which petition to be made.-

(1) Every petition under sub-section (5) of section 5 shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the bride reside.

(2) Every petition under section 7 shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the licensed Minister discharges his functions or the office of the Marriage Registrar is situate, as the case may be.

(3) Every petition under Chapters IV to VII shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction-

[Section 3(1), part and section 3(3) part, Divorce Act, section 10 first para, part, and second para, part, Divorce Act, and section 23, earlier part, Divorce Act.]

(a) the respondent is residing at the time of the presentation of the petition, or

[Cf. section 29(1), P.M.D.A.]

(b) the marriage was solemnised, or

[Cf. section 19, H.M.A.]

(c) the husband and wife last resided together, or

[Section 31(1), S.M.A.]

(d) the petitioner is residing at the time of the presentation of the petition, provided the respondent is, at that time, residing outside India.

[Cf. section 29(3), P.M.D.A.]



Report on the Law of Christian Marriage and Divorce Back




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