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cryptic_79 (Software Professional)     19 July 2016

Court jurisdiction for mutual consent divorce

Hello All,

I am an indian origin british citizen living in UK since last 12 years. My birthplace is Rajkot,Gujarat and my parents reside in Rajkot. My wife and myself have agreed on mutual consent divorce after 2 years of separation. Our marriage was solemnized in New Delhi in Apr 2012. She last resided with me in Rajkot,India till Mar'2014 after which she move to UK. She last resided with me in UK till Sep.2014. My question is:

1) I would like to file the mutual consent petition in Rajkot.She is also agreeing to coming down to Rajkot for filing the mutual consent petition provided i pay all her expenses . The lawyer is suggesting to change the petition to show that she never came down to UK and all problems happened in rajkot and she last resided in Rajkot instead of UK .  He is saying there might be problem that the court might not accept the mutual consent petition because the marriage happened in delhi and she last reisided in UK. Another lawyer is saying there would not be an issue and just show that you are also permanent residence of rajkot without twisting the facts of her stay. So i am not sure which of the lawyers is right.

 Based on the above facts , would be great if anybody can share their viewpoint on whether it is possible to file the mutual consent divorce case in rajkot. I have birth certificates and few other address proof for myself in Rajkot.

Any help would be great. Thank you in advance for your help.

 

 

 

 



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 July 2016

Sir, 

 

I would suggest you to go for Delhi ... If you need any help in Delhi I can do that for you. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

P. Venu (Advocate)     20 July 2016

From the facts stated, the petition ould be filed at Rajkot or Delhi at your discretion.

cryptic_79 (Software Professional)     22 July 2016

@Kapil :- Thanks for your feedback and sharing your contact details.I will surely get in touch with you incase the petition will need to be filed in Delhi

@P.Venu :- Thanks a lot for sharing your valuable feedback. It is much appreciated.

 

 


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