Querist :
Anonymous
(Querist) 20 March 2011
This query is : Resolved
Sir, I have filled a divorce case against my wife in my jurisdiction (my court)where also our marriage was solemnized.My wife stays at her brother's flat which is in another court jurisdiction.Before conflict I sometimes stayed at her brother's residence where there is also our child. My lawyer says as the marriage was solemnized under my court jurisdiction so divorce case can be filled her,hence place of last residing won't get preference for filling. Is he true?
Devajyoti Barman
(Expert) 20 March 2011
There is nothing called 'preference 'while determining jurisdiction of the court. In matrimonial proceeding the jurisdiction of the court can be determined by several factors including place of last residing together or place of marriage.So filing of the case in either of the court's jurisdiction is right and you can choose between the two as per your convenience.
Arif Iqbal
(Expert) 20 March 2011
I agree with Mr. Barman... You can file your case in any one of the two Courts
Uma parameswaran
(Expert) 20 March 2011
You can prefer asper your convenience.
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