Divorce Petition(Cruelty)
Apurva Kumar
(Querist) 03 January 2009
This query is : Resolved
Dear Sir/Mam.
one of client wants decree of divorce in her favor as all her attempts failed to materialize with her husband.The prob is of jurisdiction which is arising as she wants to file the case from Lucknow,but her marriage solemnized at Kanpur and she is the residence of Kanpur itself her husband is also of Kanpur.Now she use to resides at Allahabad along with her husband before the or at the time of dispute,her husband now also resides there and doing contract and tender.Now according to her she has threat to her life at Kanpur so she cant go there to file the case as one of her Adv.uncle who is against her may manipulate the case and at Allahabad her plaint for the 2nd time which she filed for divorce was mismanaged and plaint could meet the desired faith,so she is reluctant to file the case at Lucknow at any cost or can i filed it at Kanpur and get it transfered from there? plzzzzz suggest me how handle this case or suggest any case law of such type please if u all can?
Yours Apurva!
Srinivas.B.S.S.T
(Expert) 03 January 2009
Dear your query is a bit confusing at one breath you are saying that she has a life threat at Kanpur as such she is not willing to file there and at the other you are saying that she is reluctant to file a petition at Lucknow either. So where she wants to file?. What do you mean by saying that Plaint is mismanaged??. Please clarify these points. You have not mentioned where she is currently residing?.
Apurva Kumar
(Querist) 03 January 2009
Modification 2 above query!
yes she has life threat at Kanpur, so as simple as that can in the above circumstances can she file a case at Lucknow? if yes then under which proviso? As ihv seen chaptr-V sec-19 of The Hindu Marriage Act 1955 but her case is not undr any sub clause of sec-19 so that i can file her case at Lucknow? she is presently residind at her frnds place by mismanagement she mean to say that her file was being lost or something lik that!
Srinivas.B.S.S.T
(Expert) 03 January 2009
If she is residing at Lucknow at present she can file the case in Lucknow as per clause III-a of Section 19. Lest she have to file the case either in Allahabad ( this is the place where they last resided together) or at Kanpur (where marriage was solemnized.
Prof. Dr. Amaresh Kumar
(Expert) 04 January 2009
It seems you are an advocate by profession. Please do not mislead your client and indulge us in the matter. As per law the divorce suit can be filed at the place of marriage, Where the wife lives at present.
PALNITKAR V.V.
(Expert) 04 January 2009
Mr. Prabhakar is right. However, if the wife is not residing at Lucknow, she may not be able to file application u/s 125 at Lucknow. In order to file divorce petition or maintenance application at Lucknow, the wife must show that she is staying at Lucknow [not on temporary basis]
RAKHI BUDHIRAJA ADVOCATE
(Expert) 05 January 2009
I aslo do agree with Mr. Prabhakar. M also practicng in this field (Matrimonial Cases). For further querries & help u can contact me at: rakhibudhiraja@gmail.com
Mb.-9711364956
Apurva Kumar
(Querist) 06 January 2009
i think mr,Amaresh kr took me wrong nvr mind nd thnx to others 4 there valuable advice specially Mr.Prabhakar!
ritu bhadana
(Expert) 03 April 2009
i agree with mr. prabhakar
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
