Jurisdiction of filing divorce petition through mutual consent
Anil Kumar
(Querist) 01 August 2015
This query is : Resolved
Iam living in Gurgaon with my parents since 2002
Iam working in Gurgaon since 2008
I got married in 2010.
Our marriage is registered in Gurgaon
My wife and I have been staying with my parents in Gurgaon
My wife has also been working since 2010
My wife deceipt fully left me on 3rd June 2015
We have now decided to seek divorce through mutual consent
All other terms have been settled except the jurisdiction of the court where the petition has to be filed.
My wife is from Jaipur and moved with her parents on 3rd June 2015
We are saying that the filing should take place in Gurgaon family court,where the marriage registration has happened and where both of them stayed together last, whereas the girls parents are insisting that the jurisdiction is Jaipur quoting section 19-iii (a) of HMA 13B and that my wife is the petitioner.My limited knowledge says we are joint petitioners
Knowing the girls side I want that the joint petiton should be filed in Gurgaon court. My question is am i within my rights to insist that the petition should be filed in Gurgaon.
SAINATH DEVALLA
(Expert) 01 August 2015
Hardly 2 months since UR wife left U and seeking for MCD."ALL OTHER TERMS SETTLED EXCEPT JURISDICTIION OF THE COURT" When everything has been settled amicably why dispute over jurisdiction for filiong MCD?Better both the parties get convinced and don't drag the matter beyond reach.
Anil Kumar
(Querist) 01 August 2015
Thanks for your advice. Maybe due to oversight you have missed a point regarding the trust factor with the girls parents. It is for this that I want the petition to be filed in Gurgaon court. If you could kindly advice whether I can i can legally press on this issue
SAINATH DEVALLA
(Expert) 01 August 2015
Either one of them can't be petitioner in MCD,its a dual obligation.Unless both of them file together and attend the proceeding together,the word MCD has no meaning.Its only mutual but cannot insist legally,which could further aggravate the existing situation.
Anil Kumar
(Querist) 01 August 2015
Thanks again. Let me rephrase my query. Can i insist that the joint petition be filed in Gurgaon court instead of Jaipur court
SAINATH DEVALLA
(Expert) 01 August 2015
U can do so gentleman,provided they compromise on it.
Rajendra K Goyal
(Expert) 01 August 2015
If there is no room for reconciliation, file MCD, after reaching at an agreement to all terms including jurisdiction.
T. Kalaiselvan, Advocate
(Expert) 11 August 2015
You have decided in haste to divorce her that too within few months after she left your company though you remained married for more than 5 years. However, as far as jurisdiction is concerned, three places
1) place of marriage; 2) place where both last resided 3) place of her residence.
