cpc

cancellation of registration of marriage in tn

retired psu employee

My daughter got married in chennai and would like to get divorce. Can she file the divorce at Nasik where she resides? If the regirtration of marriage done in chennai to be cancelled by separate procedure or automatically stands cancelled once court gives divorce?

 
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Divorce granted through court mean that's enough sir. No need separate proceeding for that sir..
 
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either courts of chennai or nasik can grant divorce petition u/s 19 of hma

 
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retired psu employee

thnks for both the advocates to have spared their precious time to reply

 
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legal advisor

yes she can file in nasik also.once a divorce decree is issued by the court it means the marriage is dissolved

 
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The Question Is where is Her Husband.Whether He Is Co Operative For Divorce.If He is In Chennai Or Some Other Place He Could  Insist the Jurisdiction..If he is Co Operative For Divorce It Could be Completed In 6 months by Appllying Mutual Consent Where Only Two Visits to Court by Both of Them Would be Required.

 
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advocate

Yes. It can be filed in Nasik.  If she wins case, the divorce decree will be granted.  There is no provision of cancellation of marriage registration in Indian Laws.

Prabhakar - Advocate

(M)9958670740

Legal Aid panelist - Family Law - Central Delhi (Tis Hazari)

 
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If They Both had Lived Together In Nasik Lastly Then You Could apply In Nasik..If Not Since Your daughter Is In Nasik She can Not Simply File There For Her convenience.

 
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advocate

@Narasimha, As per the amendment in HMA, only the wife is given opportunity to file the matrimonial petitions from the place where she is residing at the time of filing the petition.  Hence, Nasik has got jurisdiction.

 
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LEGAL CONSULTANT

 

 DIVORCE CASE WILL BE FILED BY THE WIFE AT THE FOLLOWING PLACE                                                                                                                                      Where marriage has taken place                                                                         Where husband and wife started living soon after the marriage and prior to separation                                                                                                                     Where the respondent is residing                                                                                       Wife can also file a case from the place where she is residing after leaving matrimonial home.

 

 
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