Jurisdiction for divorce petition
Querist :
Anonymous
(Querist) 28 May 2011
This query is : Resolved
R/Members
After desertion by my husband ,I am living with my brother at Ambala since 2009,my marriage was solemnized at Faridabad and i lived with my husband at Faridabad and at the time of marriage i was living with my parents at Delhi,i want to file divorce petition here in Ambala ,where presently i m residing with my elder brother ,is it permissible,Kindly advice.Thankyou
Karuna
Tajobsindia
(Expert) 29 May 2011
@ Author
This is the Central Govt. Act
S. 19 HMA. 1[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 solemnized, 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.]
adv. rajeev ( rajoo )
(Expert) 29 May 2011
JUurisdiction : Where the marriage soleminzed or where both husband and wife resided last together.
Nu.Delhi.Law.Fora.
(Expert) 29 May 2011
Dear All,
Sub-Section (iii)(a) has been inserted by 2003 amendment whereby it says that "in case the wife is the petitioner, where she is residing on the date of presentation of the Petition".
Hence, the Querist since petitioner may file anywhere of her choice by virtue of her present residencial address.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi
Guest
(Expert) 29 May 2011
KINDLY NOTE THAT.
1.YOU ARE RESIDING AT AMBALA WITH YOUR BROTHER.
2YOU MAY KINDLY NOTE THAT YOU MAY FILE THE PETITION THERE OR ANY OF THE PLACES YOU AND YOUR HUSBAND LAST RESIDED
3,IT WILL BE ECONOMICAL AND SAFE FOR YOU TO FILE THE MATTER AT THE NEAREST PLACE WHERE YOU RESIDE.BUT KINDLY GET THE DRAFTING DONE THROUGH LEGAL EXPERTS AND INCLUDE THE PLACE WHERE YOU ARE RESIDING IN YOUR MAIN PETITION.GOOD LUCK.
YOU MAY WRITE AND SEND DETAILS FOR FURTHER HELP.GOOD LUCK.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Querist :
Anonymous
(Querist) 29 May 2011
Thanx to all Respected Experts
Guest
(Expert) 01 June 2011
Ambala may suit you to file the divorce case, as permissible by law also.
