Masterclass

divorce jurisdiction of courts in india under hindu marriage act

Retired Bank Manager

Can wife file petition for divorce at family court where her parents are staying temporarily. She had left her husbands home in Mumbai on 15th Jan 2020 and filed for divorce at Lucknow on 15th Feb. She mentions she is working from home. Place of wedding was Bangalore. How long should she stay at Lucknow to file the case.
 
Reply   
 
Advocate,9444674980

Without going in to merits and as per your version, I donot think it is possible to file in Lucknow, you can contest the jurisdiction as primary issue.

 
Reply   
 



 

the petition for divorce can be filed in the following jurisdictions.

(i) the your marriage was solemnized, or

(ii) where your husband is residing, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition,

Feel Free to ask any further queries. 

 
Reply   
 
Retired Bank Manager

I dont wish to make it public. How should I go about with it. 

 
Reply   
 
Deputy Manager

Since your wife has taken shelter in her maternal home in Lucknow, after she may have been expelled by you & she had to endure other related domestic violence etc etc, hence the SC has ruled that in situation as such, the victim (wife) can file the divorce case from her maternal home at Lucknow. No question of duration applies in it.
 
Reply   
 

PLEASE CONTACT A. A. ZAIDI ADVOCATE FOR PRO BONO LEGAL HELP. CONTACT NO. 9719775005. legalhelpsre@gmail.com
 
Reply   
 
Deputy Manager

Please add, "duration of her stay in shelter/maternal home".
 
Reply   
 
Deputy Manager

Oh, bl**dy this advertisement from a 'lawyer', the unethical and illegal act of A.A. Zaidi.

Total likes : 1 times

 
Reply   
 
Retired Bank Manager

 This refers to mail on 14/04/2020 at 17:20 Hrs asking "Please add duration of stay in shelter/maternalhome. Kindly note I am unable to know this,.She left on 15th Jan. The petition was filed on 15th Feb. From petition it is noted as actually dated 1st Feb which was struck and new date 14th Feb made. May be one month or even 15 to 20 days since she mentioned she was not allowed to work in peace at Mumbai and hence working from home. These are all concocted lies.further details will be provided if necessary.I wish to maintain privacy instead of public.

 
Reply   
 
Deputy Manager

Pradeep Kumar ji, leave aside technicalities, instead if her petition has been admitted by the jurisdictional court of her present residence, then better prepare to contest it on receiving the notice/summons. Please also note that nobody is demanding to disclose your line of contest/defense in this prestigious public platform. It would be much better to engage some lawyer please.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

  LAWyersclubindia Menu

Join the MasterClass     |    x