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sunny katyal   30 May 2016

Divorce

Dear Sir,

I am dropping the details to forum for guidance on our case.

My sister has been married for 15 years having 2 kids one is 17yrs old & other 13 years .

the major problem in relationship is that her husband is a severe drunkard & have min . 1 bottle of whisky , 2 box of cigarette , tobacco etc.

for last 2 years he is jobless because of his consistent habit & has been removed from company .

we had a joint discussion with his family to which his father & relatives took him back to her sister house saying that they will admit him to nasha mukti kendra .

but after 1-2 weeks they called to send the mutual divorce draft which we sent to them on receipt of same they filed the case of divorce in family court at Up location although his last residence was at haryana.

as per my study it shows that case could be filed either at last location resided , marraige place than is it possible that he can file the case in diff state as my sister is still resdiing with kids at haryana.

what options are available to my sister now will she be required to goto UP to fight the case .

Please suggest & give your right guidance.

 



Learning

 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2016

Mutual divorce is filed jointly by both the husband and wife after entering into an MOU.U R not clear in UR query.


(Guest)
  • You sent mutual divorce petition and they filed it in court? Same petition or a different one?
  • If it is mutual consent then it doesn't matter where case is, both parties have to appear just 2 times with 6 month gap. It can be filed at either place where husband or wife resides. There is no fight involved in mutual divorce case, it is simple process.

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