Innocent Victim (Nil) 09 October 2014

Divorce query

Dear Experts

Can i file for divorce in delhi , Marriage was solemenoised in jammu . we last lived in delhi she left us the day she landed in jammu . my parients live at jammu

Thank You

Reply Follow

4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 09 October 2014

Married in Delhi, yes you can. Adv kapil chandna, 9899011450

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 09 October 2014

Dear Querist

As per your information that we last lived in delhi so Delhi court has also jurisdiction to entertain your divorce petition, you may file the divorce in DElhi as per section 19 of Hindu Marriage Act

Read the section below

19 Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction

(i) the marriage was solemnised, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

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

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]

Jurisdiction of the Court If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel, AIR 2003 MP 189.

Anand Bali Adv. (Advocate Solicitor & Consultant) 09 October 2014

Dear Mr Kapil,

Yes, very much you can file the case at Delhi in case you last lived together at Delhi for some time or at the place where your marriage has been performed/ solemnised .

In matrimonial cases it does not matter where your parents live but the place where you lived last as husband and wife.

For any need you can contact I am at Delhi only.