Please explain where can I file divorce?
Is it district court (or) first class magistrate ?
HK_Jain... (498a Fighter) 11 February 2013
District court of your Jurisdiction where you both last reside.
sharavanakkumar.m (advocate) 11 February 2013
IF YOUR DISTRICT HAS FAMILY COURT MEANS YOU HAVE TO FILE THERE.OTHERWISE BEFORE THE SUB COURT IN YOUR DISCTRICT, ( MARRIAGE PLACE OR BOTH LAST RESIDING)
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.
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
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