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bhulla2013   23 November 2021

Hindu Marriage Act 13 A

Can a wife file the case for divorce at her city where presently she is residing from where she was not married and also did not last reside with her husband at this place.


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 4 Replies

Advocate Bhartesh goyal (advocate)     24 November 2021

As per sec 19 ( 3a ) of Hindu Marriage Act wife can file divorce petition from the place where she is residing temporarily or other than place where the marriage solemnized or both husband and wife lastly resided.

Kumari Shreya   25 November 2021

Yes, the wife can file the divorce petition at the city where she is residing  as the sec. 19( iii a) of Hindu Marriage Act states that in case wife is a petitioner she can file the divorce petition where she is residing on the date of presentation of the petition.

Section 19 of HMA talks about the court to which divorce petition shall be presented. According to this section a person can file the divorce petition at a place where the marriage was solemnized or where the respondent resides at the time of filing of this petition or where the parties to marriage last resided together, or in case the wife is petitioner she can file file it at place where she is residing on the date of presentation of the petition, or the petitioner  is residing at the time of presentation of the petition, in 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.

minakshi bindhani   25 November 2021

As per your query!
Section 19 of the Act provides for the Court to which petition under this Act shall be presented. Every petition under the Act shall be filed with the District Court( family courts) within the local limits of whose ordinary civil jurisdiction:

The Marriage was solemnized, or

The respondent at the time of the presentation of the petition resides, or

The parties to the marriage last resided together, or

In case the wife is the petitioner, where she is residing on the date of presentation of the suit, or

The petitioner is residing, in case the respondent is out of the territory of which the Act applies or has not been heard for 7 years.

The parties can file the petition in any three of the following District Court within the local limits where

The Marriage was solemnized, or

The Respondent resides, or

The parties last resided together

Hope it is useful!
Regards
Minakshi Bindhani.

bhulla2013   25 November 2021

Thanks to all the experts

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