Territorial Jurisdiction in a divorce case

Jurisdiction refers to power in the hands of court to grant a valid decree. The court should have the jurisdiction by all means, or else any decree sanctioned by them stands invalid. You first need to ascertain under which personal or religious laws you got married in order to know which court can entertain your divorce case. You must also check the territory under which you can file the petition.

The jurisdiction for mutual consent divorce depends on the factors listed below. These remain constant in all statutes-

  • Where the marriage took place or was registered.
  • Where the couple last lived together.
  • Place where the other party is residing at the time of the divorce filing.
  • If wife is filing for contested divorce, then the place where the wife is residing at the time of filing the petition.