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Prashant Thomas   22 July 2018

Divorce

My mother filed a divorce petition in Bokaro in 2008 but the case got dismissed by default in 2012 due to non appearance from both parties. We shifted to Ranchi in 2010 for a better job and are currently residing here since then. Now we want to go ahead with the case but couldn't get help from both cities as lawyer's are citing address and previous case as the issue. What can we do now please help.


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 6 Replies

Adv Deepak Joshi +917017821512 (Advocate)     22 July 2018

If you can justify the reason for non appearance to the court.

Prashant Thomas   22 July 2018

Tha k you sir for your response..
reason being financial problem and health issues.. will the court accept it..
And secondly we don't stay anymore in the jurisdiction of the earlier court.

TGK REDDI   23 July 2018

Order 9, Rule 4 comes into play.      You can either institute a fresh suit or apply for setting aside of the dismissal.

Where subject-matter is situate and where defendant resides are the criteria for choosing the Court.

Vijay Raj Mahajan (Advocate)     23 July 2018

This is a divorce case. The Hindu Marriage Act, 1955 clearly provides that the jurisdiction of court under section 19(iiia) clearly provides that in case the wife is the petitioner it can be district court where she is residing on the date of presentation of the petition. As far filling a fresh divorce case is concerned, when previous divorce case was not decided on merits but dismissed on default, a new divorce case can be filled again by the party anytime. If these two things are not entering the mind of your lawyers then sorry nothing can be done with those stupid fellows.
1 Like

Vijay Raj Mahajan (Advocate)     23 July 2018

Even if the case was not under the Hindu Marriage Act,1955 but it was for Christian couple the divorce case was filled under the Divorce Act,1869, the jurisdiction can be of the District Court where husband and wife reside or last resided together. It is not sure where your father is residing but if your mother is residing in Ranchi with you or both of them are living in Ranchi, the District Court in Ranchi will have jurisdiction to entertain the the petition for divorce.

TGK REDDI   23 July 2018

I appreciate the wisdom of Shri Vijay Raj Mahajan but pray not to use such harsh words as stupid.


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