Divorce

Anant (Querist) 30 January 2019 This query is : Resolved
Dear All,
What is the time limit for filing Divorce application from marriage date. Suppose party from boys has filed case for divorce first from in the court near to its residence, then can next party has an power to change it and apply form its residence. or they have to come to attend the same.

Follow Query

Report Abuse

Adv Shailendra Deshpande (Expert) 31 January 2019
Section 19 of Hindu Marriage Act gives clarity about Court to which Divorce 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 solemnized, 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
(iv) the petitioner is residing at the time of the presentation of the petition,

it is better to file The divorce petition can be filled at Court within whose jurisdiction the married couple last resided.

Ksreddyacs (Expert) 31 January 2019
I am just adding it ot Shailendra answer that, the persona can file Divorce suit with in 1 Year from the date of marrige.

Guest (Expert) 31 January 2019
Female could transfer it easily to her present place of residence where she resides by filing a Transfer Petition in the concerned State's High Court if she resides in the same State.

Guest (Expert) 31 January 2019
If at all she had shifted to other state the Transfer Petition could be filed with Supreme Court Only.

Guest (Expert) 31 January 2019
Divorce Petition could be filed before completion of one year of marriage. Application under Sec 14 of Hindu Marriage Act 1955 with valid grounds to be filed along with Divorce Petition.

Guest (Expert) 31 January 2019
If both the parties are co operative atleast in getting the divorce they could file Mutual Consent Divorce and it could be completed even with in 2 months depending on the Advocate

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now