Upgrad LLM

whether husband can file the divorce petition where he work


Dear Sir,

I am working in Central Govt. Orgnisation since last 13 years at GOA, I got married in 2000 in Nagpur, My marriage is registered in nagpur,  wife was staying with me at GOA upto 6 years and then she left my matrimonial house at Goa in 2006, She is staying with her parents house at Nagpur since from 2006.

I tried my best level to convey my wife . But she is not ready to stay with me at Goa.

Now I want to file divorce application in GOA.

Plz advice me :-

1. Whether I can eligible to file Divorce application in Civil Court at Vasco, Goa

OR

2. I can file Divorce application with District Court at Margao situated 30 km from Vasco.    

Because, I am working in Goa since last 13 years, and I dont want to file Divorce application in Nagpur which is 1400km from GOA.

Plz advice me as Hindu Marriage Act, whether I can file divorce application in Vasco Or District Court at GOA .

Plz reply me URGENLY.

 
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None

Yes, you can file. It is natural place of residence and wife lived with you. Also add desertion reason with other valid reasons.

 
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Advocate

If the court in Vasco is only a civil court and not a district court, then you cannot file there.

Divorce petition can be filed in a family court if it is there or otherwise it can be filed in the District court and can be tried by the judge having the rank of Additional District judge.

You can file case at Margao, if both the parties (husband and wife) lived together lastly in the territorial jurisdiction of Margao.

 
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It is mandatory provision respective laws a Divorce suit to be filed  where the marriage was solemnized or where the both the spouse were last residing.

 
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Dear Ashish, As per legal position you may file divorce petition either at the place where you are living presently or at the place where lastly you resided with your spouse.
 
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advocate

Dear Ashish you can file divorce petition in  family court if it is in vasco or in margao.

But remember your wife is entitle interium maintaince and other exprnceces  as per hindu marriage act section 24.

 
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Dear sir,

Plz quote the Rules / Regulations of Hindu Marriage Act in detail where it has been mentioned that Husband can file the Divorce Petirtion either at the place I am living presently or at the place where lastly you resided with your spouse.

OR

Divorce petition can be filled  where the marriage was solemnized or where the both the spouse were last residing.

OR

Divorce petition can be filed at that place, if both the parties (husband and wife) lived together lastly in the territorial jurisdiction of that place.

Plz send me the rule / regulation of Hindu Marriage Act where it has been mentioned above.

Plz send it me URGENTLY.

Ashish

.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Ashish

you can read it

19. 1[ 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 solemnized, 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.]

Total likes : 1 times

 
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Legal Evangelist - TRIPAKSHA

Rightly stated by Ld. Mr. Qurreshi.

 

 

Regards,
 
Shonee Kapoor

Total likes : 1 times

 
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advocate

Mr. Qurreshi is right.

Mr.Ashish It is better to consult local advocate.

 
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