Which place has the jurisdiction for filing divorce case

Querist : Anonymous (Querist) 21 March 2018 This query is : Resolved
Dear All,

I need help in case of filing divorce petition to understand which place has the jurisdiction ,below are the case points:

1. Got Married in Mumbai
2. Last staying together in India was in Calcutta.
3. Went to USA for few years and there difference cropped up and both got separated and both came back to India. Girl stays in Nagpur and Boy now in Chennai.
4. No contact since last 5 years and efforts for mutual consent divorce last year did not work hence went for divorce petition filing .

Now question is where should the case be filed ? Any reference case laws would certainly help here. Thanks for reading .

Regards,

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Vijay Raj Mahajan (Expert) 21 March 2018
Best place to file divorce petition is where wife is presently living. Although the place where got married or last resided can also be used, but as wife will challenge all those places and seek transfer of divorce case to district court where she is presently living is best to file there. However on advise of other experts you venture out at any other place and if you have few lakhs to spend in the Supreme Court of India for getting the case to the district court where she is living now than you may do so.

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Guest (Expert) 21 March 2018
The Practical and Best Advise by Expert/ Advocate Mr. Vijay Raj Mahajan

Querist : Anonymous (Querist) 22 March 2018
Dear Mr Vijay,
Thanks a lot for your response does give good insight. Missed mentioning in my question I am the Uncle of the boy. After checking came to know that the girl is not in India but living in middle east. In such a case which place should the case be filed ?

Vijay Raj Mahajan (Expert) 23 March 2018
The wife is living outside India, than best course to file the divorce case either where they got married or last lived together in India, the address of the wife presently living in Dubai address along with her parents' address in India, should also be mentioned in the Memo of the parties so that it becomes clear in the file of the court about her stay outside India, this will help the husband to get the transfer petition dismissed if she cleverly moves it in the Supreme Court.

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Querist : Anonymous (Querist) 23 March 2018
Thanks a lot a Sir for your guidance with to the point answer .One last question I have , do we have any reference case laws for filling in place of marriage or last place of residence,this will help me to file the case knowing background.

Vijay Raj Mahajan (Expert) 23 March 2018
Hindu Marriage Act,1955 itself provide all this, when you engage a lawyer after paying fee, he'll show that to you.