I am presently working in a J&K. My spouse and kids are staying in Maharashtra. There has been a quarrel for the last 5 years and she is unwilling to stay with me in J&K. I have made attempts through the relatives to persuade her. Everytime I visit my home, she quarrels with me and sometimes tortures me and rebukes be of DV act and section 489a. Now I want to file a divorce case against her in J&K as I cannot get leave as and when needed for attending court.Can I file a case here in J&K?
To my knowledge "NO" is the answer. Please see the provisions of Section 19 of the Hindu Marriage Act:
19.Court to which petition should be made.-
Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or last resided together.