Vivek 05 November 2016

Divorce petition jurisdiction

I have been married for 10 years and due to incompatibility issue, I have decided for separation from my wife. Our marriage happened in Jamshedpur, got registered in, Bihar, and post that we have been to many places after marriage (Pune - 6 months, Mumbai - 5.5 years, Bangalore 2.5 years, Pune 1.5 years in sequence of stay). For the last 4 months we are living separately (she is back to her parents) and I am now in bangalore. My wife is not willing to give the divorce, but I have decided for it and have told her also. Can you please advise on where can i file my case and help?

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10 Replies

adv.bharat @ PUNE (Lawyer) 05 November 2016

Vivek

u can file divorce case

1) Where marriage is done

2) Where both parties LASTLY reside

3) Where wife resides.

Will u appreciate my answer by giving THANKS on my LCI profile?

Vivek 05 November 2016

Thanks Bharat. Since I am staying in bangalore, will the filing of my petition be rejected if i file it here?

Since we last stayed in pune, if i file a case in Pune, can she still challenge to move it to other location where she is cuerrently residing?

(Guest)

Yes all options thought possible. Go ahead.

adv.bharat @ PUNE (Lawyer) 05 November 2016

We can file it in pune inthat case u need to pay her travelling and accomodation for her .

Advocate Bhartesh goyal (advocate) 05 November 2016

Yes,divorce petition can be filed by male at either place where marriage was performed or where both parties lastly resided together and female can at any place as suggested by adv bharat.

Advocate Bhartesh goyal (advocate) 05 November 2016

Yes,divorce petition can be filed by male at either place where marriage was performed or where both parties lastly resided together and female can at any place as suggested by adv bharat.

Vivek 05 November 2016

Thanks for your reply Bharat Gyan and Bhartesh . What if I file in bangalore? Will it be rejected?

Sachin (N.A) 05 November 2016

Dear Vivek,

You should file divorce petition in pune as you both stayed together.. If you file at banglore she will defenetly challange the jurisdiction and will try to take the case where she is residing presently and mostly courts are lenient towards ladies she may succeed so better to file at pune.

Vivek 06 November 2016

Can she challenge pune jurisdiction to be changed even if I am ready to pay travel and accommodation?

anil 06 November 2016

I think she can get transfered any case to her choice of city using SC order.

As per law girl is more powerful due to long sleepness and careless of Indian men , while drafting law no one or very less men objected but women organisation did good lobbing , even today law comiision asking some suggestions but i do not think men has objected or placed their views , so in future more laws will come .