JEEWANTI PANDEY vs KISHAN CHANDRA PANDEY

The Supreme Court held that under Section 19(ii) of the Hindu Marriage Act, 1955, 'resides' must mean actual residence, requiring a permanent character rather than a mere temporary stay. The Court found that since both parties resided in Delhi at the commencement of the proceedings, the District Judge, Almora lacked jurisdiction to entertain the petition for nullity of marriage under Section 12 of the Act. Consequently, the appeal was allowed and the petition was directed to be returned for presentation to the proper court in Delhi.