Divorce
Querist :
Anonymous
(Querist) 22 May 2011
This query is : Resolved
I have filed a divorce petition in Bandra family court in Sep 09 as i was staying in vikhroli at the time of filling case. My husband is not ready for mutual divorce. I do not want to go back to him as i have been harassed a lot. i have 2 daughters(twins)who are under my custody. since we got married in dombivali his lawyer argues that this court doesn't have jurisdiction & so the case should go to kalyan court, i have been taking only dates in the court for the last 2 years. Please suggest what should i do to get the divorce fast as my parents r abroad & i want to go to them however i have not made my kids passport & so m stuck up here.
Guest
(Expert) 22 May 2011
DON'T WORRY. YOUR DIVORCE PETITION IS MAINTAINABLE ONE AT BANDRA COURT. THREE PLACES YOU CAN FILE, 1) MARRIAGE PERFORMED, 2) CAUSE OF ACTION OCCURRED, 3) THE PETITIONER LAST RESIDED. ASK YOU LAWYER TO SPEED UP THE CASE. GET YOURSELF RESOLVED.
DON'T WAIT FOR GETTING DIVORCE, APPLY PASS PORT WITH RELEVANT DOCUMENTS AND FLY. CONDUCT THE CASE IN VIDEO CONFERENCE.
Querist :
Anonymous
(Querist) 22 May 2011
Thanks for the reply
How can i get passport for my children with out his signature.
How to speed up the case.
Guest
(Expert) 22 May 2011
If you have sole legal custody of your children and have the document to prove it, then your children do not need the consent of their father in order to obtain their passports. CONSULT WITH A PASSPORT AGENCY
Devajyoti Barman
(Expert) 22 May 2011
The court at Vikhroli has jurisdiction only if the marriage was solemnized here or you last resided together or your husband resides here.
If either of the three incident has happened there, the case will lie else no. There is no provision for any other place to have the jurisdiction whether any cause of action happened or not at that place.
The court at Vikhroli would have jurisdiction had your husband was unheard of for last 7 years
The section 19 of HMA no where mention that petitioner could file a suit for divorce where the cause of action arises.
Guest
(Expert) 23 May 2011
Agree with Mr. Devajyoti.
