Divorce—Territorial Jurisdiction—Christian Wife Residing Separately from Husband -- Section 3(3) enables wife-petitioner to file a matrimonial petition at her place of residence
Divorce Act, 1869, S.3(3) -- Divorce -- Territorial Jurisdiction -- Christian Wife Residing Separately from Husband -- The phrase "within whose jurisdiction the husband and wife reside" must be given a purposive interpretation enabling a Christian wife, when acting as petitioner, to file a petition for dissolution or annulment before the District Court having jurisdiction over her place of residence at the time of presenting the petition, irrespective of where the marriage was solemnized, where the parties last resided together, or where the husband presently resides. A restrictive interpretation denying this right would be discriminatory to Christian women and contrary to Article 15(3) of the Constitution.
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