A petition for restitution of conjugal rights in respect of a Hindu marriage can be filed in the Family Court (wherever it has been set up), and where Family Court has not been set up, it can be filed in the District Court.
Now, the issue as to in which city or area, such petition needs to be filed, is governed by the provisions of Section 19 of the Hindu Marriage Act, 1955:
“19. Court to which petition shall be presented.—Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition resides, or
(iii) the parties to the marriage last resided together, or
(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.”
In your case, since you as wife, want to become the petitioner, and since you reside at Pune, you can file the petition for restitution of conjugal rights at Pune itself where you reside. Alternatively, you can also file it at the place where your marriage was solemnized, or where your husband resides, or where both of you last resided together. Since it appears that Pune has a Family Court, so you can file this petition in Family Court at Pune. [Note: It is seen that in Maharashtra, the Family Courts Act, 1984, was enforced with effect from 1-12-1986 vide the Notification No. 79/18/85-Jus., dared September 18, 1986.]
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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