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mukesh (Executive)     07 May 2010

Divorce

Want to know, Wife lived me at gurgaon last time.  My parent home is in chandigarh. Right now I am living in Noida for job purpose.  My wife is in living Ambala haryana. Can I file Divorace case at noida ?

Or it will dismisess juridiction point  ?

 

Mukesh



Learning

 4 Replies

Shalini Kaul (Independent Legal Practitioner)     07 May 2010

Mukesh, i presume both you and your wife are Hindu's and therefore the Hindu Marriage Act 1955 would apply to you. If so, then under Sec. 19 of the Act, you can  file a divorce proceeding in one of the following three places (i) the place where you were married (ii) the place where you and your wife last lived together (iii) the place where your wife is now located. Filing in any other place may result in a transfer of the petition to the correct jurisdictional court and that will delay the process of grant of divorce.

Shalini 

mukesh (Executive)     07 May 2010

Right, We are hindu and Hindu marriage act  are applicable on us.

But i want to know , If i file in noida, Noida court will accept it or directly deny my file.

As per your advise , I think

If my wife want to transfer the case , she will go to Supreme court and will fight there .

And another way if my wife doen't go for transfer and not attend the case in noida

what is the possibilties in case ?

Mona Langayan (Learner)     08 May 2010

Right Mukesh,

For transferring the case she will have to move to the Supreme Court. And second way wher you moved divorce petition in Noida and she does not appear there even after reciving the summons of the courts, it shall be decied exparte

mukesh (Executive)     13 May 2010

Yes, You mention the juridiction of divorace case ( three places) as per section 19.. But I want to know if I want to file case from another place  like  as per section 19 places are X, Y and Z. But if i want file case at B place , How can I do it ?

Mukesh


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