LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Naman P. Charan (Shop)     05 August 2021

Divorce filing

A woman named Rohini Ahuja resident of Delhi married her school friend Karan Sharma who was a resident of Bhilai, Madhya Pradesh in year 2017. After marriage both decided to live together in Mumbai, since both were working in content creation and designing department of the same company. Recently in year 2020 Karan left his house and fled away back to MP and stopped any contact with his wife Rohini anymore. Now, the wife is planning to file a suit of Divorce as well as Maintenance. So the question is at which state is she suppose to file the case? Is it correct to file a suit in Delhi?  



Learning

 3 Replies

Dr J C Vashista (Advocate)     06 August 2021

She can file the suit / petition at Delhi, Mumbai or Bhilai Court.

What is your concern / problem  / locus standi, if it is a true story ?

Advocate Ankur Goel (Lawyer)     09 August 2021

She can file where she like.

Kevin Moses Paul   11 August 2021

According to Section 5 of the Hindu Marriage Act (HMA) 1955, marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely-
(i) Neither party has a spouse living at the time of the marriage;

(ii) At the time of the marriage, neither party-
(a) Is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) Though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) Has been subject to recurrent attacks of insanity.

(iii) The bridegroom has completed the age of 21 yrs.[twenty-one years] and the bride, the age of 18 yrs. [eighteen years] at the time of the marriage;

(iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.
All these are essential requirements that needs to be fulfilled in order to have a Valid Marriage in accordance with the Hindu Marriage Act.

Thus, as per your query your friend Rohini, can file a divorce case under section 5(iv) based on the ground is desertion. This is because her husband has abounded her without any notice and has even avoided to be in touch through an medium (i.e. no connection since he has left). While on the other hand, section 19 of HMA , 1955 deals with – Jurisdictions o court to which a divorce petition shall be presented.

The section states that every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction -
1.) the marriage was solemnised, or

2.) the respondent, at the time of the presentation of the petition, resides, or the parties to the marriage last resided together, or

3.) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or

4.) 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.

Therefore, since your friend Rohini belongs from Delhi while her husband belongs to Bhilai (MP), and both the husband and wife resided in Mumbai after marriage (due to work) she is capable of filing the divorce as well as maintenance case in any of the cities i.e. DELHI (it's her native place) ; BHILAI, MADHYA PRADESH (since it's her husband's native place) ; MUMBAI (since both resided together here after marriage)

Hope it helps.

Regards
Kevin M. Paul

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register