Sarita Rai (service) 14 September 2017

Divorce petition, confusion on jurisdiction of court !!

Hello all,

I have filed a case in Chennai for divorce against my Husband on grounds of Cruelty and Mental and physical abuse.

I was working in Chennai and somehow my husband using some influence got me transferred back to Kerala. After I joined my office there in Kerala I came back to Chennai and filed a case since he has some political influence there and could make things worse for me had I filed from Kerala. Now I have got the first date of the case but I am concerned over the fact whether the case can be transferred to Kerala family court if he requests the court to do so ?

The marriage happened in kerala only.

Respond plz, also some forward steps that I might need to take in time to come is welcome.

Thanks !!

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4 Replies

Adv Radhika Mehta (Advocate) 15 September 2017

A Petition can be filed in the court where 1) The marriage was solemnized 2) respondent resides 3) parties last resided together 4) Petitioner, if woman, presently resides 5) petitioner resides when Respondent stays abroad.

The only way only you can still file in Chennai is if the both of you last resided there together or if you were presently staying there. If neither of this fits your present scenario, your husband can file an Application under Order 7 Rule 10, CPC for return of plaint to the appropriate Court having jurisdiction which in your case is Kerala.

Gloria 17 September 2017

Hi I got married on Special Marriage Act Nd never stayed together it's been two years and now we filed a mutual divorce, is it possible dat I can get married after 60 days filing the first marriage divorce or I can take any special permission before Da second marriage.. If you can help me out.. Thanks in advance.

sai narayana 18 September 2017

Originally posted by : Gloria
	Hi I got married on Special Marriage Act Nd never stayed together it's been two years and now we filed a mutual divorce, is it possible dat I can get married after 60 days filing the first marriage divorce or I can take any special permission before Da second marriage.. If you can help me out.. Thanks in advance.

Mutual divorce has two steps. First motion and Second Motion. On both these motions both should give consent for divorce in court then only divorce will be granted. There should be a gap of 6 months in between these two motions which can be exempted under special circumstances truly on the discretion of the court.