Jurisdiction for filing divorce case

NIL

Dear Ld. lawyers,

The marriage, as per Hindu tradition, took place at my native place.

But, the marriage was REGISTERED at my wife's place which lies in a different jurisdiction. 

Now, we are residing in my native place.

Where should I file the case? in my native place court or where the marriage was registered?

Please advise.

Nandha

 
Reply   
 
Advocate

 place mere registration  has no relevance  for the  purpose of  jurisdction  for  filing  divorce  petition ,  there  are three place  for  conferring territorial    jurisdiction 

!,  whre the marriage  took place ,

2, Place where  the respondent  resides 

3.The parties last  resided  togather 

 you can file  such  proceeding  any  where  of the places  stated above 


Total likes : 1 times

 
Reply   
 


Worker

as per HMA amendment - 2003, 


in case, if the wife is petitioner - the place where wife resides is additional jurisdiction.

 
Reply   
 

last month ,amit asked this question  and now it is asked by another person.

http://www.lawyersclubindia.com/forum/Re-Jurisdiction--50070.asp


Total likes : 1 times

 
Reply   
 
NIL

Thanks everyone!

When you say "the place last resided together"... does it require any proof, like both our names in the ration card or change of address in wife's passport etc?

My wife has not yet cancelled her name in her parent's ration card and have not changed her address in her passport.

That means there's no proof that she was residing in my place!

Your views please

Thanks

 
Reply   
 
Advocate

 it can be proved by oral evidence  your self , neighbours ,friends ,relatives neighbouring merchants   receipt of written communication  at your  address , vedios if any  there are many ways to  prove her  last residence with you 

 
Reply   
 
zz

One more relevant point. If wife shifts to city X (may be her parents city) while divorce case pending, she can easily get it transferred as per her convenience from HC/SC!

 
Reply   
 
Advocate

For Jurisdiction .....in case the wife is the petitioner, where she is residing on the date of presentation of the petition, therefore any subsequent change of residence ,the jurisdiction  would not  shift to  a new place ,


Total likes : 1 times

 
Reply   
 
NIL

@ shantilal - thanks 

 
Reply   
 

This is really great information by all Councils... Thanks for all effors

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu