HIGH COURT OF BOMBAY

Ms.Shikha Lodha vs Suketu Shah

Writ Petition No 8829 of 2023 On 15 April 2024

Hon'ble Judges: Rajesh S. Patil

Case Type: Writ Petition

Final Decision: 

Advocates: Gayatri Gokhale, Sneha Jethwa, Siddharth Shah, Riya Rele

Citations: 
2024 0 CJ(Bom) 296

ACTS REFERRED: 
Hindu Marriage Act, 1955, Section 13(1)(IA)

(A) Hindu Marriage Act, 1955, Section 13(1)(IA) - Divorce Rule made returnable forthwith and by consent of both the counsel, taken up for final hearing. This writ petition challenges judgment and order dated 21 April, 2022 passed by the Family Court, Mumbai thereby rejecting the application filed by the petitioner (wife) and holding that the Family Court, Mumbai has jurisdiction to entertain and decide the Divorce Petition filed by Husband. The petitioner (wife) and respondent (husband) got married according to Hindu Vedic Rites and Rituals on 7 June, 2015 at Jodhpur, Rajasthan.

Judgement Text

1. RULE. Rule made returnable forthwith and by consent of both the counsel, taken up for final hearing.

2. This writ petition challenges judgment and order dated 21 April, 2022 passed by the Family Court, Mumbai thereby rejecting the application filed by the petitioner (wife) and holding that the Family Court, Mumbai has jurisdiction to entertain and decide the Divorce Petition filed by Husband.

3. The petitioner (wife) and respondent (husband) got married according to Hindu Vedic Rites and Rituals on 7 June, 2015 at Jodhpur, Rajasthan. After their marriage at Jodhpur, there was a wedding reception in a Hotel, at Grant Road, Mumbai on 11 June, 2015.

4. Thereafter, the petitioner (wife) and respondent (husband) stayed in Mumbai in the parents' house of the husband. On 15 June, 2015, the husband left for U.S.A. as even before the marriage he was residing in U.S.A. and working in U.S.A. Soon thereafter, even the wife on 1 August, 2015 left for U.S.A. and started residing with the husband and was also working in U.S.A.

5. Admittedly, on 15 October, 2019 due to matrimonial issues arising out of the wedlock, the wife and the husband separated when they were residing in U.S.A.

6. On 6 August 2020, the husband filed a divorce petition in Family Court at Bandra under Section 13 (1) (ia) of the Hindu