Divorce from another city/state


I belong to Jaipur. I got married 5 years ago in Jaipur. I left my wife 6 months ago. Now I live in Indore while my wife still lives in Jaipur. I want to give her divorce by mutual consent.  Is it necessary to go to Jaipur court for divorce? I don’t want to go there.

 

Can I file divorce in Indore court?  Is there a way to file divorce from another city (same state or another state)?

 

I don’t know if it is possible. Can I get mutual consent divorce papers ready in Indore and send them to my wife for signing them? Can it be done while I live in another state? I am also ready to move in same state (for example: KOTA in Rajasthan) if it can’t be done in different states. Will it be possible in same state?

 

If it can be done only between those two cities that are very far from each other then I can settle in Hyderabad or Chennai.

 

Please advise what are some possible ways.

 

Thanks in advance.

 

 
Reply   
 

Dear querist,

 

Section 19 in The Hindu Marriage Act, 1955  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 solemnised, 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

41 [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, 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.]

Jurisdiction of the Court If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel, AIR 2003 MP 189.

 

 

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 
Reply   
 



Dear querist,

 

For mutual consent divorce you both need to application in competent court that you want to dissolve your marriage by mutual consent divorce.

 

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 
Reply   
 

Originally posted by : Deepak Joshi

For mutual consent divorce you both need to application in competent court that you want to dissolve your marriage by mutual consent divorce.
 

All right. If it is not possible to file divorce petition from another city, then I will have to file it in jaipur court. But I want to travel as less as possible. I am ready to appear in jaipur court when we file petition first time in front of a judge but "is it necessary to go there for preparing mutual divorce petition (i.e. before we both present application in front of  judge)?"

"Can someone else (my relative / freind) go to jaipur court, talk to a lawyer and get petiion/application draft ready on my behalf so that I could sign and send that application to my wife as a notice (for her signature) and if she agrees for mutual consent divorce only then I will have to go there only on the day when we both present application in front of  judge?" 

Does it require my presence for preparing petition by a lawyer ? 

Please reply. 

Thanks.

 

 
Reply   
 

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