Where to file divorce suit
sandeep
(Querist) 24 May 2012
This query is : Resolved
My marriage was on 11-12-2008.No child had born because of her Endometriosis problem , removal of left ovary and right repaired.She had hidden her medical problems with me as well as her first husband .She had complaint against me and my mother in CAW cell , Pitampura. We got notice bail of five working days in case FIR will lodge.I want to know as I live at Ashram and my wife is living in a separate room of the home.If I file divorce case against my wife then whether to file in saket court or rohini court ?
Adv. Chandrasekhar
(Expert) 24 May 2012
you can file your divorce petition, where the parties resided together, where she is presently residing or where the marriage is solemnized.
Nadeem Qureshi
(Expert) 24 May 2012
Dear Sandeep
according to section 19 of hindu marriage act 1955, 19. 1[ Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction--
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iv) 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 or more by those persons who would naturally have heard of him if he were alive.]
feel free to call
V R SHROFF
(Expert) 24 May 2012
YOUR LOCAL LAWYER WILL SUGGEST THE BEST ALTERNATIVE.
Her present residence , as juri, can save lots of your time.
R.K Nanda
(Expert) 28 May 2012
No more to add.
Shonee Kapoor
(Expert) 31 May 2012
Hmmm,
I have different take on this problem.
Your wife would have filed other cases on you as well. If they are running in family court of Rohini, file it there, let all cases be tagged.
If she has not filed any cases, then file in Saket.
Distance is not much between two places once you are out of home :-)
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
