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abhinav katiyar   25 May 2018

Divorce

I m from Noida and want to divorce my wife on bases of mental cruelty.... but i m working in Gurgaon and the marriage took place at our native place of Farrukhabad... Can i file for divorce in Gurgaon court or i have to file the case in Noida only or the place where marriage took place...?


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 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     25 May 2018

It is better you file divorce case against wife in Noida court. 

abhinav katiyar   25 May 2018

My parents are under the girls influence and fear that she might accuse us of physical assault or dowry act...
My parents are against me on this decision.

Akash Upadhyay   25 May 2018

it's better to file the case in noida or where your marriage took place.
and you should not take it easy when you have decided to file for divorce....you should immediately file it so that later on when your wife if so files any cruelty or dowry case against you or any member of your family this divorce case will be a ground against her ill intentions before the court of law.

Siddharth Jain   25 May 2018

filing in noida would be advisable.
for any other quiries, you can email me at isidjain1@gmail.com

Aman chawla (DELHI HIGH COURT ADVOCATE)     25 May 2018

Before I answer this, let’s take a look at Section 19 of the Hindu Marriage Act, 1955 (HMA). It deals with the territorial jurisdiction of Petitions filed under the Act.

19. Court to which petition shall be presented:

Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction –

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

 

section 19 provides 5 options. It enables you to file the Divorce Petitions under any one of them as per your convenience.

Regards,

Aman Chawla

abhinav katiyar   31 May 2018

I asked my wife for mutual consent divorce she again threatened me of commiting suicide and my parents also constantly pressurize me to make relationship with her... and also they have illegally tapped my phone and the other girls phone whom i wanted to marry just to blackmail me dragging her into all this... a senior police official is also involved in this illegal activity.... please suggest something.... should i take help of some to protect the rights of the other girl...?

abhinav katiyar   31 May 2018

some NGO*......

can a case of character assassination be filed on the police officer and my parents if the girls wants to...?

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