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Aravind.K., (Consultancy)     01 August 2016

Court to which petition u/s 13b of hm act is to be filed

Dear Leaerned Friends,

A couple married (both being Hindus) for over 8 years and blessed with a child, intends to file for divorce by mutual under Sec. 13B of Hindu Marriage Actc. They hailed from different cities of India and last lived as husband and wife over Four years ago in a foreign country. The husband is currently abroad while the wife has returned with their kid and lives in India. The wife and her kid (without the husband) stayed for about a week since returning from abroad, in City 'A' (which is the permanent residence of the husband) with her in-laws. The wife has thereafter moved with her child to a different City - 'B' where she continues to live. Her parents are permanent residents of City 'C'. The couple wants to file their Petition for divorce by mutual consent under Sec. 13 of HM Act, The husband is willing to travel to City 'A' to file this divorce petition. Please advise if Courts in City 'A' will admit the Petition or reject it for want of jurisdiction.

Thanks and regards,

Aravind



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 1 Replies

Nitish Banka (lawyer)     01 August 2016

Petition can be filed where the marraige solemonized or where the wife resides or both of them last resided. if husband is in foreign land his power of attorney may work.

Warm Regards

Adv. Nitish Banka


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