LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


Divorce petition


Dear all,

Please explain where can I file divorce?

Is it district court (or) first class magistrate ?



 15 Replies

Tarveen (Self Employed)     11 February 2013

Before the Family Court having territorial jurisdiction.

HK_Jain... (498a Fighter)     11 February 2013

District court of your Jurisdiction where you both last reside.

sharavanakkumar.m (advocate)     11 February 2013


unhappily married (education)     11 February 2013

is it essential to hire advocate for mutual consent divorce or one can file fot that himslf

Mrs. Rakhi Vaishnav (Advocate)     11 February 2013

Dear Mr. Venkat, 

It is important to know which city do you reside in.

If your city is having a family court, then any matrimonial dispute will have to be filed in FAMILY COURT, irrespective of the nature of litigation, (i.e., whether it is a divorce case, divorce by mutual consent, regarding nullity of marriage, regarding restitution of conjugal rights or regarding maintenance or custody of chldren). 

If your city does not have any FAMILY COURT, then you will have to file your case of divorce in the court of  Principal Senior Civil Judge (that is, the principal trial court) (I believe it is a contested case of divorce)

Regarding the place of filing the case, well, you will have to file your case of divorce at a place where you resided last with your wife. 

Please let me know if you need to know more on this. 


Thanks for ur valuable suggestions,Example wife city is'X' and husband city is 'Y' and both were stayed in 'Z' City and three cities are having family courts.In this case where we can file the 'Divorce petition'?please advice.  

HK_Jain... (498a Fighter)     12 February 2013

If you both reside in city Z then the answer is Z.If you still reside in city Z then file in city Z.

But Assuming the city Z is temprory residence and now you are residing in city Y then file Divorce in city Y.



Msk-need -nuetral- laws (self)     12 February 2013

Finally it is the city where wife(subjecting to her jurisdiction) wants to proceed with case if she perceives through transfer pettition

Mrs. Rakhi Vaishnav (Advocate)     12 February 2013

you can file at a place where the marriage is registered, or where you both resided together, i.e., at Z or at Y  if it is your permanent address. You will have to pick up the place for filing.

however,  the wife will have the previlege to get it transferred at X at her will. 

Hope this helps...

A . K . SETH (ADVOCATE--LEGAL ADVISOR)     12 February 2013

Excellent replie s have already been accorded.


Thanks for ur time and valuable suggestions and After Divorce petition , what cases she has right to file cases like 498a ,125 and other false cases? and if wife files 125maintaince is that valid? Please advice.

sureshkumar g r (lawyer)     14 February 2013

In the family court of the relevant jurisdiction. If no family court then District Court.

Mrs. Rakhi Vaishnav (Advocate)     14 February 2013

Dear Mr. Venkat, As a weapon to counter attack, the wife can file for maintenance during the pendency of your divorce application, she can file for maintenance u/s. 125 of Cr. P.C. she can file for permanent maintenance u/s. 18 of Hindu Adoption and maintenance act and under sec. 25 of Hindu marriage act. moreover, she is also entitled to lodge a criminal case of harassment u/s. 498 if IPC. Protection of Women against Domestic Violence Act also entitles her to claim monetary reliefs u/s. 20 of the said act. If the wife files for maintenance u/s. 125 of cr. p.c., she doesn't succeed automatically, she has to prove that she was neglected by the husband in maintaining her and husband had refused to maintain her. if she's living separately while claiming u/s. 125, she also has to justify the validity of reasons which compelled her to live separately.


Thanks for your advice. I have read some previous posts,once we file Divoroce Petition, wife doesnt have right to file cases on husband. if not, what precautions husband has to take.Please advice.  

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads