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MUKESH GUPTA   27 December 2022

DIVORCE

Sir I had filed divorce at place where wife was residing.Due to some reasons I had to withdraw it. Now I want to file it again from another city where we last resided.Can I do ?


Learning

 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     27 December 2022

You can file the case where you last resided with your wife together. 

Dr J C Vashista (Advocate)     28 December 2022

You can file the case where you have last resided with your wife 

or

where the marriage was solemanised

or

where you reside

It is better to seek professional services of a local prudent lawyer.

P. Venu (Advocate)     28 December 2022

Yes, you can; howver, your wife has the option to seek the transfer of the proceedings to the place where she is residing at present. 

SHIRISH PAWAR, 7738990900 (Advocate)     28 December 2022

Hello, 

Yes you can file divorce where you and your wife lastly resided together. Your wife can apply to transfer the case to her place. So i will suggest you to continue with the present case. 

Dr J C Vashista (Advocate)     30 December 2022

Presently Mr. Manish Gupta wants to know qua jurisdictional court for filing a petition for divorce, however, transfer of the case is a presumption which is not reality.

Best wishes for the coming New Georgian year-2023
 

sahithi reddy   31 December 2022

According to the Hindu Marriage Act, the woman's last residence, the woman's previous joint habitation, or the location of the marriage's solemnization is sufficient to establish the court's jurisdiction. As such, you must have at least a rent agreement to prove you are a resident of that town.

Dr J C Vashista (Advocate)     01 January 2023

Well advised by experts herein above, now it is your call to proceed.

Wish you a happy, healthy and prosperous New Gregorian Year-2023
 

MUKESH GUPTA   01 January 2023

wish team lawyers club very happy and successful new year

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