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Sunil (Engineer)     12 April 2013

Address proof in case of mutual divorce

I have 2 My Queries realted to mutual divorce case   -

(1)What kind of document(s) are accepted w.r.t address proof of both the parties? will company letter and bank passbook will siffice the need?

(2)2-3 months I have shifted  to new home. I opened a bank account with the new address. Can is show the same as an address proof while filling divorce application?



Learning

 6 Replies

Advocate Suwarna Jadhao (-)     12 April 2013

Hello dear client,

Yes u can file this new address in the mutual consent petiion. in case of mutual divorce as it is mutuallyy agreed between the parties and there is no question of notices being issued to the parties. u have to give adrress on the register patta which is to be attached with the petition, alongwith with Vakalatname (if any), list of documents, marriage card, etc.

advocate praveen (prop.)     12 April 2013

Dear Sunil,

Mr. Jadhao is right, but it is better to mentioned your old address in the divorce petition and also annexed your old address proof like Voter ID, License etc..  And also disclose the reason of shifting in your petition, it will keep you safe in future.

regards

adv. rajeev ( rajoo ) (practicing advocate)     12 April 2013

Address proof is not necessary to file the divorce petition.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 April 2013

for taking decision of jurisdiction, address proof is necessary.

Advocate Suwarna Jadhao (-)     12 April 2013

Hello Mr. Rama Chary,

I have gone through ur reply and, I would like to tell that in Nagpur(M.S.), we need not file address proof, alongwith the petition, we just mention the adresses of the parties in the register patta and that's all. And we need mainly the marriage card and photo's of the parties. U r true that in order to take decesion regarding jurisdiction, adreess proof is necessary, but a Divorce petition can be filed where the marriage was solemnized, where the parties last resided at lastlyy as husband and wife, or where the aprties are at present residing. That the territotial jurisdiction part we take in the petition mentioning that the the petion is being filed where the marriage was solemnized, etc.

Sunil (Engineer)     12 April 2013

Thank u all for very quick responses. I highly impressed with you guys as you provide valuable inputs with ur busy schdule. 

Actually this is the case of my cousin sister who was with his husband(lived in Delhi) till 5 months back(Nov 2012).They didn't into any relationship from 2011 but lived together under one roof  try to get things better but could not get success. She return back to her home(Ghaziabad-UP) on Dec 2012.

While residing in Delhi sister open an account in private bank with the same addresson May 2012(might be become an address proof for Delhi). The duo have their Non registered Rent Agreement ( normally happen in New Delhi colonies) but  in the name of her Husband. 

After coming back in ghaziabad One month back (In March 2013) she opens onother bank account with her parental address(can work as current address proof).

Her husband also shfted to some other place on 1st April 2013.

 They both are working in private firms and can get any residential proof related doc  if required from their companies. 

Now these are only the address proofs which both they have.

Now they want to file the case and i have few queries in this-

  1. Can they now file the case in Delhi along with these address proofs?
  2. What actually i got to know that both parties should have address proof from the same state i.e delhi. Is this correct? Can't the current ghaziabad address will  work on sister's side?
  3. I also got to know that these address proof should be 1 year back so that they can proof that they lived seperately from 1 year. Is this correct?

I know i am asking too much question but belive me i am running like a clock pendulam from the last one month to get the true legal advice.I met with the lawyers of both the parties but they still not clear on this. I need to be clear on document part to avoid any objection which can raise by court  wihch impact the case duration. 

 

thanks in advance.


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