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Nandha (NIL)     20 February 2012

Jurisdiction for filing divorce case

Dear Ld. lawyers,

The marriage, as per Hindu tradition, took place at my native place.

But, the marriage was REGISTERED at my wife's place which lies in a different jurisdiction. 

Now, we are residing in my native place.

Where should I file the case? in my native place court or where the marriage was registered?

Please advise.

Nandha



Learning

 12 Replies

Shantilal Pandya ( Advocate)     20 February 2012

 place mere registration  has no relevance  for the  purpose of  jurisdction  for  filing  divorce  petition ,  there  are three place  for  conferring territorial    jurisdiction 

!,  whre the marriage  took place ,

2, Place where  the respondent  resides 

3.The parties last  resided  togather 

 you can file  such  proceeding  any  where  of the places  stated above 

1 Like

Shantanu Wavhal (Worker)     20 February 2012

as per HMA amendment - 2003, 


in case, if the wife is petitioner - the place where wife resides is additional jurisdiction.


(Guest)

last month ,amit asked this question  and now it is asked by another person.

https://www.lawyersclubindia.com/forum/Re-Jurisdiction--50070.asp

1 Like

Nandha (NIL)     21 February 2012

Thanks everyone!

When you say "the place last resided together"... does it require any proof, like both our names in the ration card or change of address in wife's passport etc?

My wife has not yet cancelled her name in her parent's ration card and have not changed her address in her passport.

That means there's no proof that she was residing in my place!

Your views please

Thanks

Shantilal Pandya ( Advocate)     22 February 2012

 it can be proved by oral evidence  your self , neighbours ,friends ,relatives neighbouring merchants   receipt of written communication  at your  address , vedios if any  there are many ways to  prove her  last residence with you 

rajiv_lodha (zz)     22 February 2012

One more relevant point. If wife shifts to city X (may be her parents city) while divorce case pending, she can easily get it transferred as per her convenience from HC/SC!

Shantilal Pandya ( Advocate)     26 February 2012

For Jurisdiction .....in case the wife is the petitioner, where she is residing on the date of presentation of the petition, therefore any subsequent change of residence ,the jurisdiction  would not  shift to  a new place ,

1 Like

Nandha (NIL)     27 February 2012

@ shantilal - thanks 

Adv. V.V.P. (Advocate)     07 February 2013

This is really great information by all Councils... Thanks for all effors

Trupthi Agarwal (advocate)     05 April 2013

when the marriage took place in india and later on wife shifted to U.S nad husband shifted to Quwait, then where can divorce petition be filed..........?

Chetan Joshi (Advisory/Advocacy)     05 April 2013

Mr. Pandya has aptly answered..

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Parameswaran Ramakrishnan Iyer   08 November 2015

Dear sir

You have indicated in one of the queries above as under

Quote

For Jurisdiction .....in case the wife is the petitioner, where she is residing on the date of presentation of the petition, therefore any subsequent change of residence ,the jurisdiction  would not  shift to  a new place ,

Unquote

Does this mean that even if the subsequent residence  falls under different jurisdiction, the original petition filed  can continue as per the petition submitted.  And in such a case while submitting subjsequent documents/evidence etc. to the court falling under earlier jurisdiction, the petitioner can continue to furnish the original address where she was residing at the time of filing the petition?
 
thank for the reply 

 


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