Territorial jurisdiction under the Hindu Marriage Act turns on actual residence, not temporary stay; petition had to go to the proper court.

Territorial jurisdiction under Section 19 of the Hindu Marriage Act depends on where the marriage was solemnised, where the respondent actually resides when the petition is filed, or where the parties last resided together. A mere temporary stay or casual visit does not amount to residence; the expression "resides" refers to actual residence, not origin or constructive residence. On the stated facts, the marriage was solemnised in New Delhi, the parties last resided together in Delhi, and the respondent's actual residence at the commencement of proceedings was not village Bagyan. The District Judge, Almora therefore lacked jurisdiction, and the petition had to be returned for presentation before the proper court in Delhi.

---

---

Issues: Whether, for a petition under the Hindu Marriage Act, 1955, the District Judge, Almora had territorial jurisdiction under Section 19 on the basis that the respondent was residing at village Bagyan, or whether the respondent's actual residence at the time of presentation of the petition was Delhi, so that the petition had to be returned to be presented before the proper court.

Analysis: Jurisdiction under Section 19 depends on the place where the marriage was solemnised, where the respondent actually resides when the petition is presented, or where the parties last resided together. Mere temporary stay or casual visit does not amount to residence. The expression "resides" in this context means the actual place of residence and not the place of origin or a constructive residence. On the facts, the marriage was solemnised at New Delhi, the parties last resided together at Delhi, and the respondent's actual residence at the commencement of proceedings was not village Bagyan. The premise on which the District Judge and the High Court assumed jurisdiction was unsupported by evidence.

Conclusion: The District Judge, Almora had no jurisdiction to entertain the petition under Section 12, and the petition was required to be returned for presentation before the proper court at Delhi.

---