Advice abt filing divorce petition in ongoing 498a

Rakesh Singh (Querist) 24 July 2012 This query is : Resolved
Hi,
I have 498A case pending in UP. Can i file a petition for Divorce in Mumbai where i stay.

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Adv.R.P.Chugh (Expert) 24 July 2012
Divorce petition as per S.19 of the Hindu Marriage Act, 1955 can be filed only at the following places :-

i) Place of solemnization of marriage;
ii) place where spouses last resided together;
iii) place where the wife resides.

Rakesh Singh (Querist) 24 July 2012
Thank you respected Adv. Bharat Chugh. As per your advice I can file a petition in mumbai as the last place where we resided together is Mumbai. Although our native place is UP.

R.K Nanda (Expert) 24 July 2012
Yes, u can file DP in mumbai.

Rakesh Singh (Querist) 24 July 2012
Thanks Mr. Nanda. How will i prove that we were together in mumbai.

ajay sethi (Expert) 24 July 2012
you must have stayed in rented place . must be having leave and licence agreement . or ownerhsip documents of flat in mumbai

Rakesh Singh (Querist) 24 July 2012
Thanks Mr. Sethi, Yes i do have proof for this.

ajay sethi (Expert) 24 July 2012
that should suffice . file petition in family court bandra .

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