Jurisdiction dissolution of muslim marriage last resided

jains (Querist) 23 August 2020 This query is : Resolved
Muslim Wife want to file divorce petition against Muslim husband alleging cruelty and non payment of maintenance to wife and minor child. Marriage was held at Jama-ath in home town place of wife. After marriage they resided in a rented house near a place. Both these places are with in the jurisdiction of a family court which is the family court for home district. But they last resided in another district from where she was brutally assaulted and thrown out by the husband. On that day from which they are residing separate and there is no further physical or mental contact between them. The question is that in which court should file the divorce petition, before the court on whose jurisdiction where the marriage was held and they resided immediately after the marriage or before the court where they last resided and separated.?

Follow Query

Report Abuse

Quick Summary

A Muslim wife wishes to file for divorce against her husband due to cruelty and non-payment of maintenance. While the marriage and initial residence were within one court's jurisdiction, the couple last lived together in a different district where the separation occurred. The key question is whether the divorce petition should be filed in the court of the marriage location or the court of their last shared residence before separation.

Dr J C Vashista (Expert) 24 August 2020
What is your opinion on the jurisdictional point of view ?

You have been asking questions on various subjects as :

jains asked a query in Experts "Jurisdiction dissolution of muslim marriage last resided"
jains asked a query in Experts "Jurisdiction dissolution of muslim marriage last resided"
jains asked a query in Experts "Removal of minor from party array"
jains asked a query in Experts "Hindu marriage"
jains asked a query in Experts "Motor accident claims "
jains asked a query in Experts "Effect of eicate of property"
jains asked a query in Experts "Examination of another plaintiff" jains asked a query in Experts "Manatory injunction"
jains asked a query in Experts "Fate of attachment in a rejecte money suit"
jains asked a query in Experts "Negotiable instrument act"
jains asked a query in Experts "Minor/unsounds share"
jains asked a query in Experts "Intestate succession"
jains asked a query in Experts "Rejection review"
jains asked a query in Experts "Unsoun plaintiff" More...

What is actual problem, if any ?
Otherwise setting examination hall question paper is not much appreciated, please note.
You are well aware of the fact that this site is meant to help needy litigants, which has already been pointed out by experts to you, even then ..........????

Shilesh Patel (Expert) 24 August 2020
I guess the author is a Law student or a newly practicing advocate, clearing his legal doubts through this platform.

Dr J C Vashista (Expert) 24 August 2020
Dear Mr. Shilesh Patel,
Basically this platform is meant for helping needy litigants and not providing any coaching services. He is a habitual querist which has to discouraged.
Regards

Rajendra K Goyal (Expert) 25 August 2020
Discuss with local lawyer expert in Muslim personal law.

Previous

Next

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

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries