mutual consent petition -matrimonial

Querist : Anonymous (Querist) 26 May 2011 This query is : Resolved
[a] I reside in Mumbai and wife in Pune due to employment of each of us.
[b] We married in 2001 in Mumbai, marriage certificate issued under the Special Marriage Act. We resided together in Mumbai till June 2006. Then I was transferred to Southern State, she continued in Mumabi till May 2008 and then shifted to Pune and now is in Pune.
[c] Occasionally we stayed together -like leave and vacation.
[d] Both of us are independent and there is no question or need of paying anything to each other, ready to waive right.
[f] No other issue exists that will create difficulty or complication. My questions are :-
[g] (i) Where to file a mutual consent petition is a question before me. Whether in Mumbai or Pune? (ii) Whether the petition will be in Family Court or regular civil court? (iii) Which place will give us a faster relief.

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Devajyoti Barman (Expert) 27 May 2011
Mumbai is the place where the suit is to be filed as it is where both of you last resided together.

For mutual divorce all the courts in India take more or less same time.

Family or district judge's court where the petition is to be filed depending upon the territorial jurisdiction of that place of residence.

Advocate Bhartesh goyal (Expert) 27 May 2011
You have to file the petition for divorce at Mumbai where you both last resided. Six months time is fixed by statute to decide the mutual consent divorce petition.

Guest (Expert) 27 May 2011
Agree with Mr. Devajyoti.

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