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Vijay (manager)     27 March 2010

what will my juridiction area

Hi,

Well I am basically from Pune and working in delhi. since last two years. i wed last year and since then i am staying there with my wife. I want divorce from her. So where can I register this case (she is also from pune).

In delhi court or i need to file case in pune court



Learning

 10 Replies

nidhi kalia (lawyer)     27 March 2010

where u r marriage  solomanised.

Suryanarayana Tangirala (Advocate)     27 March 2010

Place of Marriage,Last residence of you where u both last stayedd together,your residence and your wife's residence are the Places where u can file case,not sure from your query whether it it one year since you got married!! u cannot  file divorce Pettion within one year without seeking permission of court contact a Lawyer he/she will take care of jurisdiction and other aspects

Chirag Bhatt (Lawyer Gujarat High Court)     27 March 2010

If the duration of yr marriage is more than one year, you can file a divorce petition at the palce of marriage or where either you or your wife lived at last. It is better to take divorce decree with matual consent  of your wife if it is possible.

ad. creaminall (professional Advocate)     27 March 2010

i agree with mr. suryanarayana.

y.joseph (Advocate)     27 March 2010

Place you got married, place last resided, or at her residence place

Arif Iqbal (Advocate)     27 March 2010

I do agree with prabhakar

Vikas Dharmendra (Consultant)     27 March 2010

Place should be either the place of marriage or the place where both resides together...


(Guest)

What will be jurisdiction in this case on intra-district territorial jurisdiction grounds?

1. Wife files for S. 13 (1) (ia) (ib) & S. 24 HMA in 2006.
2. Marriage took place in 1999 at Arya Samaj Mandir at Central Delhi. Matrimonial home from day 1 of marriage is Dwarka (a sub district of Delhi) of parties. Petitioning wife without consent leaves matrimonial home of Dwarka in 2002 and lives at a unknown address in Delhi which she is not disclosing to Court by way of filign for divorce in 2006 and under Sworn Oath Affidavit she says the Resident of address mentione din Sworn oath Affidavit is her corresspondence address. . Respondent (husband) still stays at Dwarka.
3. Before bifurcation of Districts Courts in Delhi the above plaint jurisdiction was rightly at Tis Hazari Courts, Delhi if HMA jurisdiction is taken care of.
4. But from end 2008 there is new District Court inaugurated at Dwarka. As you read under abv. para 2 wife matrimonial home after marriage was Dwarka and respondent (husband) still lives at Dwarka and now a District Court is also there in Dwarka and moreover wife says under Sworn Oath Affidavit she does not wish to disclose before any court of law her "ordinarily resident of" address ! 
5. Husband (respondent) files in 2009 S. 24 CPC in D HC and his prayer to decide jurisdiction issues of above plaint before deciding any other issues under HMA first is admitted as further direction to trial court by D HC.
6. As you are aware for Jurisdiction matters HMA superseeds CPC.

Now only two que based on abv. briefs:
1. Can respondent (husband) succed in getting intra district transfer of wife's plaint to Dwarka?
2. Even if the plaint of wife gets transferred ot Dwarka District Courts how to tackle the address (ordinarily resident of) major issue (asked for solving future legal corresspondence / legal notices issues)?
Kindly advise.....if any D HC citation on effects of S. 19 HMA then kindly provide that too
Kindly provide good SC or D HC citation on "Principal Civil Curt" definition / meaning?
Kindly provde good SC or D HC citation on "District Court" definition / meaning.
Rgds.

Atuliya (Student)     01 August 2010

By the way Mr. Arunkumar, I am not sure if you are right in your thinking that HMA superceeds CPC. Please check your facts.

If others can also comment on the matter it will be appreciated.

regards.


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