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Advocate Nikhil Rathod   30 March 2024

I want to divorce my wife, but im confuse about jurisdiction

I haved married in karanatak, my wife is christian and im hindu. My wife and i satyed in karnatak for 1 year. Now i haved shifted to pune because of my job transfer. And my wife is staying in karnatak by with here family. And now i want to file divorce. we both are separated since 3 years.

I have a questions:
1) can i file divorce in pune



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     30 March 2024

You can file the divorce case in any one of the following places

The place of marriage or

The place where you both resided last together or

The place where she currently resides.

Advocate Bhartesh goyal (advocate)     31 March 2024

You can file divorce petition at the place where your marriage was solemnized or where you both resided last together.

Dr. J C Vashista (Advocate )     31 March 2024

Only two options can be exercised as advised by learned expert Mr. Bhatesh Goyal ji, which I concur.

However, it cannot be before Pune Court.

Rushika (Law Student)     14 April 2024

Dear Querier,

I have read through your concern and have answered below to the best of my abilities. I sincerely hope this information is helpful to you and solves your issue. thank you.

As you are a Hindu by religion and your wife is a Christian by religion the proceedings for your divorce will be handled according to the special marriage act of 1954. According to the section 31 of the act you can file for petition for divorce to district courts of any of these applicable states

(1)  The state where your marriage was solemnized meaning where the formal ceremony of your marriage took place – Karnataka.

(2)  Wherever your wife who will be the respondent to this petition is residing at the time you file the petition – Karnataka.

(3)  The last place you both resided together – Karnataka.

(4)  THIS IS NOT APPLICABLE TO YOUR SITUATION but the place where you reside but only when your wife is residing somewhere this act is not applicable or when your wife is not being heard as alive of for 7 years BUT AS THIS IS NOT THE CASE IN YOUR SITUATION.

To answer your question, no you wont be able to file the petition in Pune as it does not fall in any of categories of the section mentioned.


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