Separate case in different state hindu marriage act
Bhuvan
(Querist) 09 January 2015
This query is : Resolved
Hello Experts,
My wife has filed section 9, 24 of Hindu Marriage Act and 125 crpc in Delhi. and i have challenged interim decision of 125 in Delhi High court.
In Section 9 i have denied to live with her, so section 9 and 24 were withdrawn, then 125 is filed whose interim was challenged by in Delhi High Court but withdrawn later on. now 125 is also decided.
Now all cases are either decided or withdrawn.
My Query is:
Now can i file divorce in Uttar Pradesh(UP) (as i reside in UP before/during/after marriage or case).
ajay sethi
(Expert) 09 January 2015
you can file for divorce in UP wherein you are presently residing .
Nadeem Qureshi
(Expert) 09 January 2015
Dear Querist
you may file the divorce proceeding against your wife before the court as define in section 19 of Hindu Marriage Act.
Read the section below
Section 19 in The Hindu Marriage Act, 1955
40 [ 19 Court to which petition shall be presented. —Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]
Jurisdiction of the Court If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel, AIR 2003 MP 189.
Rajendra K Goyal
(Expert) 09 January 2015
You can file divorce case at your place where you are residing presently.
T. Kalaiselvan, Advocate
(Expert) 09 January 2015
Yes you can very well go ahead with the proposed case from your residential place at present.
Bhuvan
(Querist) 10 January 2015
Thank You all,
Your help is really a lot for me.
