Hindu Marriage Act, 1955 - Sections 19, 20 and 21 | Updated 27 September 2026
Section 19 Hindu Marriage Act: Court Jurisdiction for Filing a Petition
Section 19 of the Hindu Marriage Act, 1955 determines the territorial court in which a petition under the Act may be presented. Depending on the facts, jurisdiction can arise where the marriage was solemnized, where the respondent resides, where the spouses last resided together, or under the additional statutory situations explained below.
Section 19 - Court to Which a Petition Shall Be Presented
Every petition under the Hindu Marriage Act is to be presented to the District Court having ordinary original civil jurisdiction within the local limits of any applicable jurisdictional ground under Section 19.
- Place of marriage: the court within whose local limits the marriage was solemnized.
- Residence of respondent: the court within whose local limits the respondent resides when the petition is presented.
- Last matrimonial residence: the court within whose local limits the parties to the marriage last resided together.
- Where the wife is the petitioner: under Section 19(iiia), the court within whose local limits the wife is residing on the date the petition is presented.
- Respondent outside the Act's territorial operation or unheard of for seven years: the court within whose local limits the petitioner resides when the petition is presented, where the respondent is then residing outside the territories to which the Act extends, or has not been heard of as alive for seven years or more by persons who would naturally have heard of the respondent if alive.
How to Identify the Proper Court
| Jurisdictional fact | Place where petition may be filed |
|---|---|
| Marriage was solemnized in a particular district | Competent District Court or Family Court for that area |
| Respondent presently resides in a particular district | Competent court for the respondent's place of residence |
| Spouses last lived together in a particular district | Competent court for that last shared residence |
| Wife is the petitioner | Competent court where she resides on the filing date |
| Respondent is outside the territories to which the Act extends, or has not been heard of as alive for at least seven years in the statutory sense | Competent court where the petitioner resides on the filing date |
More than one court may satisfy Section 19 on the facts of a particular case. Territorial jurisdiction should be established through the relevant facts and supporting material stated in the petition.
Section 20 - Contents and Verification of Petitions
Section 20 deals with what a petition under the Hindu Marriage Act must contain and how it must be verified. The petition must state, as distinctly as the nature of the case permits, the facts on which the claim to relief is founded. Except in a petition under Section 11, it must also state that there is no collusion between the petitioner and the other party to the marriage.
The statements in the petition must be verified by the petitioner or another competent person in the manner required by law for verification of plaints. Those verified statements may be referred to as evidence at the hearing.
Section 21 - Application of the Code of Civil Procedure, 1908
Section 21 provides that, subject to the other provisions of the Hindu Marriage Act and rules made by the High Court, proceedings under the Act are regulated, as far as may be, by the Code of Civil Procedure, 1908. This provision connects matrimonial proceedings under the Act with the applicable civil procedural framework.
Practical Filing Points
Before presenting a petition, identify the exact jurisdictional fact relied upon under Section 19, confirm whether a Family Court has been established for that area, and check the applicable High Court or Family Court filing rules. Court fee, affidavits, supporting documents, electronic filing requirements and procedural forms can vary by jurisdiction.