(Guest)

Jurisdiction of family court

Hi,

I dialed a case of "declaration of divorce" in Ahmedabad family court 4 years back. I and my X-wife were living at Bavla ( Taluka place about 30 kms far from Ahmedabad ) in 2010. We got married in 2009 and got divorce in 2010 on Rs 100 stamp paper.

Now I had filed "declaration of divorce" at Ahmedabad family court as both of us are already re-married. After 3 years, judge gave judgement that he is in agreement with giving "declaration of divorce" , but Ahmedabad family court has not jurisdiction and rejected my plea.

My Question : Why Ahmedabad family court accepted my file 3 years back ? At the last moment, how can court make fun of applicant saying jurisdiction doesn't apply for resident of Bavla person ? Court could have told me well in advance so that i don't waste my time & money.

Now should i go to Gujarat High court ? Or should I go to Mirzapur court where Bavla court has jurisdiction according to another lawyer ? Will I have to wait fo ranother 3 years for such silly mater ?

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3 Replies

Vijay Raj Mahajan (Advocate) 02 December 2017

I really feel sorry for people like you who get struck to stupid lawyers and go ahead with all these funny things like divorce on Rs100/- Stamp paper, moving such agreement of divorce in Family Court, waiting for 3 years to get such dismissal order from the court. It's not the fault of the judge of the Family Court but your rascal advocate who has been making money from you for not even getting you proper decree of divorce. Catch hold of his collar and extract all your money out of him. To be very fank you are still not legally divorced although you both remarried. Your second marriage is also null and void. For divorce by mutual consent both parties present joint petition in the Family Court not before some bl**dy notary sitting outside court premises. The Family Court consider the joint petition and allows it after 6 months period in usual course and dissolve the marriage by decree of divorce. Only after this process the parties are free to remarry. What all you did was just made puppets by some fraud lawyer and now you are posting questions here in forum seeking proper advise from actual learned lawyers and that too free of cost.

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(Guest)

Yes i know i have been victim of money minded lawyers. I have appointed 2 lawyers ( one from my side and other for my X-wife's side ) and paid hefty amount. Now what should I do ? What court has my jurisdiction ? Should i approach High court ? or should I approach to Mirzapur court ( lawyers say Mirzapur court at Ahmedabad has jurisdiction to Bavla family / divorce matters ).