Pradeepkumar (Retired Bank Manager) 14 April 2020

Divorce jurisdiction of courts in india under hindu marriage act

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.

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8 Replies

adv.raghavan (Advocate,9444674980) 14 April 2020

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.

Aruanbh Rajan 14 April 2020

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.

Pradeepkumar (Retired Bank Manager) 14 April 2020

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

Free Legal Help India 14 April 2020

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Pradeepkumar (Retired Bank Manager) 16 April 2020

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.

Pradeepkumar (Retired Bank Manager) 16 April 2020

Thank you.I am contesting. All I would like to know can I start with Jurisdiction as primary issue.

Siddharth Srivastava (Advocate) 16 April 2020

No. Lucknow court has no jurisdiction in given circumstance. You may question the jurisdiction.

giri raj (other) 16 April 2020

sir what is steps here husband have to do ?
1- should husband file an application in Same court to dismiss the petition as jurisdiction Lucknow is the primary issues as also husband will mention that all cause of incidents are of Mumbai only.

2- Did husband has to reach supreme court to transfer the divorce petition to Mumbai?

I think it may be possible even if supreme court consider this including court will add cost of traveling which husband have to bear

"No. Lucknow court has no jurisdiction in given circumstance. You may question the jurisdiction. "