Clarify jurisdiction


Dear Esteemed Forum,

Need legal clarification on the understated

1. Had filed a divorce case in 2015 in Kolkata -which was neither last place of residence or place of marriage.

2. The case was subsequently transferred to Panchkula(place of marriage) on orders of Supreme Court based on petition by other party(uncontested by me) in 2017.

3. The HMA case in Panchkula was withdrawn by me in the current year as part of a Compromise Deed recognised and submitted in court.

4. Simultaneously, the other party was supposed to withdraw a DV case filed by them, which they did not do and reneged on the Compromise, stating that they want to proceed with litigation.

5. My question is- Can I file a fresh divorce case in Tezpur (place of last residence) or has Apex Court already decided place of jurisdiction as Panchkula-I do not want to file in Panchkula to deny them comfort level.

6. Will Tezpur court still have jurisdiction in the case or is jurisdiction now only with Panchkula because of transfer by Supreme Court?-I am filing a fresh case and not reinstating the old one

Lastly references and numbers of any good counsel in Guwahati for filing the case would be welcome.

Thanks in anticipation,

Arjun

 
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To Panchkula, please.
 
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Dear Sir Could you elaborate pls?
 
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Refer to your own point 2, 4, & 5. At 5 there in your meanness is also reflected in quoting, "to deny them the comfort". The husband is not allowed the liberty to file (afresh) case as per his own choice, but wife is allowed to file it even at her place of shelter which necessarily may not be her 'Mayka'.
 
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