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Ravikant Soni (LAWYER IN JAIPUR)     28 October 2010

mohd law divorce jurisdiction

All respected,

I m handling a case in which----------

M and F both r mohammadan solemnized marriage att place A.

Than both resided at place B. and some disputes regarding matrimonial arose at place B.

Now the domicile of F (female) is place A.

M (male) sent divorce by registered post from place C. which F (female) received at place A.

I filed suit for declaration of divorce at place B where both the spouse last resided. 

Opponent filed objection regarding to Jurisdiction of the court.

Please help me and cite any rulling of HC or SC that Court in which territory the spouse last resided have jurisdiction. Keep in mind that the matter is concerning to Mohd law.



Learning

 5 Replies


(Guest)

For my opinion the cause of action is at b(last resided ) as you said that some disputes regarding matrimonial arose at place B.And they both resided at place B ,so Place B court have jurisdiction  to run a case.

At this time i dont have any case relating to this .May be another LCI team members may help you.

1 Like

Arup (UNEMPLOYED)     28 October 2010

in this case divorce will be under mohamedan law (under shariat act). there is no jurisdiction of a court here.

pronounciation 'talak' thrice, prefarably in front of a kazi, keeping him witness is enough. it is personal liberty for a mohamedan male.

you are trying to move like a hindu system. it is wrong.

1 Like

Arup (UNEMPLOYED)     28 October 2010

are you from female side?

Ravikant Soni (LAWYER IN JAIPUR)     29 October 2010

 I m favoring male side..

Arup (UNEMPLOYED)     29 October 2010

you are in favour of male side. then he must know the procedure of talaq.

take care that, dv or 498a can not be filed. there is a possibility that after geting notice of divorce dv or 498a filed.

1 Like

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