Report No. 15

71. Forum.-

When once the conditions provided in section 2 are satisfied and action could be taken in the Indian courts, the question arises as to which of the Indian courts is competent to entertain the action. It is this aspect which is dealt with in the second category of provision. Under the provisions of the Indian Divorce Act, the court where the proceedings could be taken is the High Court or the District Court, and according to the definition of these terms in section 3, that meant the High Court or the District Court within the territory of India within whose jurisdiction the husband and wife reside or last resided together. This is analogous to the provisions of the Civil Procedure Code laying down in which court a suit could be instituted. Thus the Indian Divorce Act deals with jurisdiction of matrimonial courts in both aspects.