Juridiction of husband's divorce petition
RKP
(Querist) 27 July 2019
This query is : Resolved
Posting this query on behalf of my friend who is not computer savvy not knowing to use internet.
My friend is native of Jharkhand but settled in Mumbai for long time since their forefathers time.
But now he is staying since 6 years in Hyderabad as his job is there.
Four years back he got arranged married in Palamu, Jharkhand with a girl of Dhanbad, Jharkhand.
Since the time of marriage the couples are staying in Hyderabad together even now along with boys parents.
Due to his matrimonial issues he wants to file a divorce(Without Mutual Consent) case but doubtful as from where he should file the case.
Can he file the case from the city where he is currently working i.e. hyderabad.
Or
he will have to file the case where the marriage occurred i.e. in Palamu, Jharkhand. Husband does not have any house in this city.
Or
he will have to file the case from where her wife belongs i.e. Dhanbad, Jharkhand
Or
he needs to file the case from where he is settled i.e. Mumbai having a house there
If he files the case from the city where he is currently working i.e. hyderabad then can it be objected based on jurisdiction issue?
If the objection arises then what will be the result of the case filed in hyderabad?
Will it be rejected or will it be transferred elsewhere?
If rejected then will the boy have to file a new case(paying the whole fees again) in the permitted city?
Dr J C Vashista
(Expert) 28 July 2019
He can file a case where the couple last resided together or where they got married.
It would be advisable to consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
