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Sathya   06 September 2015

Divorce jurisdiction

1. My Friend has permanent residence in Tindivanam and stays here when he comes for holidays.

2. Got married in Chennai and the marriage got registered in Chennai.

3. They are living in Singapore. Both have permanent residenceship of Singapore.

Can my friend file a divorce petition in the courts of Tdivanam? 

 

 



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 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     06 September 2015

He can file for divorce only in chennai,or the place of their marital life,as they have  residenceship in Singapore,he can also file for divorce in Singapore under irretreivable breakdown of marriage.

Sathya   06 September 2015

Thanks for the reply.  Kindly refer below the highlighted part

"-a court capable of entertaining matrimonial cases
-a court that has territorial jurisdiction over the place of marriage, the place where the couple last resided together, and the place where the respondent spouse currently resides. If the respondent resides abroad, then the petition can also be filed in India the place of residence of the petitioner"

With the above clause, as the respondent(wife) is residing in Singapore, can't the petitioner(husband) file the petition in his place of permanent residence.. i.e. Tindivanam.?  

Thanking you in advance.

SAINATH DEVALLA (LEGAL CONSULTANT)     06 September 2015

Tindivanam cannot be his permanent place of residence.

Sathya   07 September 2015

Sorry... I fail to understand. do you mean to say, that he having his address of Tindivanam in his Passport and his name in Ration card have no locus standi. This is where he is born and his parents stay... that is his house in India. 

If Tindivanam is still not his permanent residence....is it so because he has PR of Singapore....or because, he does not normally live here?

Thanks...

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     07 September 2015

 1. My Friend has permanent residence in Tindivanam and stays here when he comes for holidays.

This is what U mentioned initially.

Now U are mentioning the below paragraph:

 ". I fail to understand. do you mean to say, that he having his address of Tindivanam in his Passport and his name in Ration card have no locus standi. This is where he is born and his parents stay... that is his house in India. "

Is it notconfusing the experts.U should always give the problem in detail to get the correct assessment and solutiion from the legal experts.

If Tindivanam is not his holiday spot and permenant Native place then he cann file there too.

 

 


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