Rahul gupta 15 September 2015

Where to file divorce petition

I am a victim of mental cruelty by wife. i have also read so many points on this website and after reading i got strength to fight against this.but i am not able to decide from where i should file divorce petition.

My marriage solemnised in dec 2010 and currently i am residing at faridabad in a rented accomodation from last 5 years. my and wife's home town is in bihar in between a distance of approx 40 Kms.My workplace is in Gnoida (UP) and my booked flat is in noida (UP) in which i wish to shift but not shifting because i am unable to decide whether to shift or not because all my well wishers are there only. the in laws are very fraud people and i know they will file false cases like 498a and other criminal cases against me if i start divorce proceedings.

kindly suggest me what will be good for me from legal point of view as i have to pay rent currently but if i shift from there and if she files 498a and other cases on me then the society who knows what is true will not be there if i shift to own house.

Also from where i should file divorce petition?

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3 Replies

Sonali 15 September 2015

First, try to resolve the disputes by dialogues through yourself, family members, relatives and common friends. Then after, you can also approach to known lawyer who can explain the consequences.

If you found issue is not resolving by making all efforts. Then, you can go for MCD. If it won’t work then you can file divorce CD U/S 13(1)(ia),10 AND 26 OF THE HINDU MARRIAGE ACT, 1955 based on cruelty or desertion where both were residing last. It can be transferred to jurisdiction near wife’s residential place. But they have to appeal in the Supreme Court and you can object, not easy job for them. You can choose your hometown also to file the petition; distance is less so no option to get the case transferred to jurisdiction near wife’s residential place.

Be ready to fight for false 498A, DV and CrPC 125, HMA 24. Collect all the evidence of your every step. Get interim bail.

My preferred suggestion would be try to rejoin with talks by involvement of near one.

advocatepassy@gmail.com 971794 (Advocate) 15 September 2015

You have to file the case either in Noida or where both of you resided. Noida is better as you are working there. Ask for either MCD or RCR. Rest are social issues which need to handle wherever you choose to live

prabhakar advocate (advocate) 16 September 2015

You gave so much unnecessary details leaving out the necessary information to answer your query. You can file divorce case either where the marriage was solemnized or where both of you lived together lastly or where the wife is living at the time of filing divorce.