The Special Marriage Act, 1954 has numerous references to the filing of petitions and the making of applications at the District Court. However, under the Family Courts Act, 1984, Family Courts have exclusive jurisdiction to deal with marital proceedings (although their jurisdiction is concurrent with that of High Courts). Unless there is no Family Court which has been established at the place where the marital proceeding is to take place, the proceeding must be initiated in the Family Court.

Every petition must be presented to the Court within the local limits of whose original civil jurisdiction:

1. the marriage was solemnized or
2. the respondent, at the time of the presentation of the petition resides or
3. the parties to the marriage last resided together or
4. 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 by those who would naturally have heard of him if he was alive.
   

The Court may entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in those territories and has been ordinarily resident in them for a period of three years immediately before the presentation of the petition and the husband is not resident in the said territories.