jurisdiction of court in divorce by mutual consent
Anil Kumar
(Querist) 01 August 2015
This query is : Resolved
I got married in May 2010 and our marriage is registered in gurgaon. I have been living in gurgaon for the past 14 years and in service in gurgaonfor the past 8 years. My wife whose parental house is in jaipur has been living in my parental house since then and also working in Gurgaon. She moved out of our hose deceitfully on the 3rd of june 2015. We have both decided to go for a divorce by mutual consent. All other issues have been settled between the families except the jurisdiction of the court. Her parents insist that the petition be filed in jaipur as per clause iii a para 19 of the section 13B as per HMA 1955.We are saying that since she was residing and working in gurgaon till 3rd june 2015 and that our marriage registration is in gurgaon the petion has to be filed in gurgaon. Are we right in insisting that the petition be filed in Gurgaon cort. Pl advice
Anjali
(Expert) 01 August 2015
Hi Anil,
as per your query, the courts that have jurisdiction for filing divorce petition there are 3 places where uc an file the case..
1. The place where the marriage took place ,
2, The Place where the petitioner's resides i.e petition can b file in Gurgaon where u live and alo in jaipur where she lives.
3. The parties last resided together.
You both can file a joint petition anywhere from the places mentioned above..
Regards
Adv Anjali Rajput
9811777368
Anupam Lahiri
(Expert) 02 August 2015
Dear Anil,
Rightly advised by Anjali. As you are seeking divorce on mutual agreement, you may put a condition to file the divorce petition in the court of your choice amongst the alternatives.
However, filing the petition in the court of Jaipur does not lead to any greater problem as both sides agree to the divorce. There is nothing to prove any point which would establish the ground of divorce. Joint petition for mutual divorce would be disposed of within a period of 6 months.
Anupam Lahiri
N.K.Assumi
(Expert) 02 August 2015
Well Advised and nothing to add further.
T. Kalaiselvan, Advocate
(Expert) 11 August 2015
