Divorce filing at my current residence
Vishal Kumar
(Querist) 29 January 2014
This query is : Resolved
Dear Experts,
I got married in Feb., 2012 and soon after three months my wife left me. After that she filed three different cases on me and my family viz. 498a & 406, DV and Crpc 125.
All these are filed at her current residence in Haryana while she stayed with me along with my family at our residence in Rajasthan.
Soon after she filed these cases my family disowned me and my wife (on the advise of a lawyer) and got the same published in the newspaper. For last one and half year I am living in Andhra Pradesh due to my job and therefore I wanted to know that can I file the divorce petition in AP as now my family has disowned me and therefore I have nothing to do in Rajasthan ?
Please advise.
Thanks
Dr J C Vashista
(Expert) 30 January 2014
No.
Since AP is neither the place where you got married, place of consumation of the marriage (your home town-Rajasthan) or lastly resided, therefore AP courts has no terrtorial jurisdiction to entertain your divorce petition.
Devajyoti Barman
(Expert) 30 January 2014
Disowning has no legal force nor any value in such cases. You wasted time and money for nothing.
Now you have to appear cases in Haryana for DV and 125 case
If you could show that no alleged incidents u/s 498A, 406 occurred in Haryana then the case may be transferred to Rajasthan.
Rajendra K Goyal
(Expert) 30 January 2014
Well advised by the experts, agree to it.
AP courts have no jurisdiction for Divorce case in the given circumstances.
ajay sethi
(Expert) 30 January 2014
even if you file for divorce in AP your wife will move transfer application before SC and get cases transferred to haryana . contest existing cases filed by wife of DV , 498A etc on merits
Shonee Kapoor
(Expert) 30 January 2014
AP courts does not has any jurisdiction. The case can be filed in Haryana or Rajasthan only.
It is better to file cases in Haryana, as even if you file in Rajasthan she can get the same transferred to Haryana.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
Shonee Kapoor
(Expert) 30 January 2014
AP courts does not has any jurisdiction. The case can be filed in Haryana or Rajasthan only.
It is better to file cases in Haryana, as even if you file in Rajasthan she can get the same transferred to Haryana.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
Shonee Kapoor
(Expert) 30 January 2014
AP courts does not has any jurisdiction. The case can be filed in Haryana or Rajasthan only.
It is better to file cases in Haryana, as even if you file in Rajasthan she can get the same transferred to Haryana.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
Shonee Kapoor
(Expert) 30 January 2014
AP courts does not has any jurisdiction. The case can be filed in Haryana or Rajasthan only.
It is better to file cases in Haryana, as even if you file in Rajasthan she can get the same transferred to Haryana.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
In my opinion, since you are residing in AP for more than 1.5 years and also having a permanent occupation in AP, you may file a case seeking divorce from AP itself by producing your residential/occupational proof at AP local, you may consult a local lawyer.
Devajyoti Barman
(Expert) 02 February 2014
Mere residence in once place for any extent of time is not enough.
Petitioner will have to show either-
1.marriage was solemnised there or
2.both of them last resided together. or
3. wife resides there.
In that situation AP has no jurisdiction from any corner of law.
