Kulraj9999 (Accounts) 07 September 2012

Jurisdiction conflict in mcd

Dear Experts,

Kindly guide me in following case of MCD:

Bride is from city 'A' and Groom is from city 'B'. They got married in city 'A' and resided in city 'B' immediately after marriage. Now they are going for MCD after 3 years of marriage. First MCD draft was sent by Groom to Bride, which was supposed to be filed in city 'B' and they approved the draft also. But after the period of 9 months, now Bride is insisting for filing a MCD in city 'A' and they have sent a new MCD draft.

Kindly suggest, what would be the solution in such cases? And can any party force to other for Jurisdiction? Is there any provision for wastage of time? In case of MCD, does it make any difference if anyone is Petitioner No. 1 or Petitioner No. 2?

Thanks in advance.

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3 Replies

Ashimta Lekhi Malhotra (Independent Lawyer) 07 September 2012

Jurisdiction is in A and B both.

Kulraj9999 (Accounts) 07 September 2012

But what in the case if there is conflict between both the parties?

MRRpersonality (Knows very little about Indian laws) 07 September 2012

It is MCD, ie, with the Mutual Consent. Means, both of you have to come to an agreement on the divorce proceedings. If there is a conflict, then it is becoming a contest!!! I would suggest you to have patience (you are extremely lucky that she is agreeing to atleast an MCD), and use your negotiation skills. It is only 2 visits to the court, why is it so important whether it is "A" or "B" so much ?