AIR 1982 SUPREME COURT 3 ::1981 ALL. L. J. 1341 ::(1982) MarriLJ 1 ::1982 TLNJ 2 ::1982 UJ (SC) 57 ::(1982) HinduLR 130 ::1981 (4) SCC 517 ::(1982) 95 Mad LW 13 ::1982 All CJ 34 ::1981 (7) All LR 603 ::(1981) All WC 788 ::1982 BBCJ 31 ::(1982) MatLR 16 ::(1982) 1 SCJ 166 ::(1982) 1 SCR 1003 (SC) ::1982 (1) SCR 1003

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): A. P. Sen, A. Varadarajan , JJ

Hindu Marriage Act (25 of 1955) , S.12, S.19 Cl.(ii)— `Residence' - Meaning of - Parties to marriage belonging to village within jurisdiction of District Judge, Almora married in Delhi and residing there - Petition for nullity of marriage under Section 12 filed in Court of District Judge, Almora - District Judge would have no jurisdiction to try the petition. Civil Revision No. 1904 of 1978, D/-6-8-1979 (All), Reversed.Words and Phrases - `Residence'. The context of cl.(ii) of Section 19 that the word "resides" must mean the actual place of residence and not a legal or constructive residence, it certainly does not connote the place of origin. The word "resides" is a flexible one and has many shades of meaning, but it must take its colour and content from the context in which it appears and cannot be read in isolation.(Para 13) Where the parties to marriage who originally belonged to a village within the territorial jurisdiction of District Judge, Almora got married in New Delhi and the wife resided with her uncle in Delhi ever since the marriage and the husband also was a resident of Delhi being employed there the petition for nullity of marriage under Section 12 field by the husband in the Court of the District Judge, Almora on the ground that the parties were residents of a village within the territorial jurisd....