Supreme Court of India · 2008-09-26
DURGESH SHARMA vs JAYSHREE
- Citation / case number
- SC 2007/11857
- Court
- Supreme Court of India
- Petitioner
- DURGESH SHARMA
- Respondent
- JAYSHREE
- Author
- C.K. THAKKER
- Bench
- C.K. THAKKER,D.K. JAIN, , ,
Judgment text excerpt
The Supreme Court addressed the jurisdiction of High Courts to transfer suits between subordinate courts, specifically under Section 13 of the Hindu Marriage Act, 1955. The Court held that the Family Court at Ujjain had the authority to entertain the divorce petition filed by the husband on grounds of desertion and cruelty, as the parties last resided together there. The judgment clarifies the procedural aspects of jurisdiction in matrimonial disputes, emphasizing the importance of the last matrimonial residence in determining the appropriate forum.