JB (Analyst) 08 June 2015

Juridiction limit and granting mcd divorce

Once our MCD got numbered, during final hearning in progress, judge seeks the proof of residence for which the house we resided two years back. We did not make any rental agreement and submitted a letter from house owner as an evidence. But, the judge is seeking atleast rental agreement as a proof due to the judiciary limitation issue and postponed the case hearing on later date.

Now my question is whether a family court take the juridiction limitation as a serious issue or grant divorce in MCD when both parties agree for divorce?

Is there any way to make a rental agreement by getting 2 year old stamp paper and make an agreement and submit to the court? Is it legal? I heard that juridiction limitation is not an issue on MCD when both parties are intrested on getting divorce.

Please advice on this.

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7 Replies

JB (Analyst) 10 June 2015

Could anybody please provide suggestion on my question?

N R Dash.. (Advocate) 11 June 2015

Facts, if not disputed and admitted by both need not be proved with any document. However, Judges have their own discretion, they may ask for the proof and you can not question them in their court. It is not possible to get a certified back dated rent agreement. In MCD, both of you file an affidavit each regarding the residence and try find out any postal communication (reg., or speedpost) mentioning the address to attach as a proof.

Aparently, you can request your house owner to provide you with an written acknowledgement or rent receipt for that period. These documents could be submitted along with your affidavit as proof of residence.

JB (Analyst) 15 June 2015

Thanks for the information sir.

JB (Analyst) 19 June 2015

Sir, I only have the written letter from house owner. I don't have any other proofs for my residence like affidavit or postal letter such as speed post. We already strongly conveyed this to the Judge.

But, the Judge strongly seek the proof of residence as you said.

How the Judge will react now? Whether the Judge will grant the divorce for us? Will there be a possibilities of dismissing the case or any negative impact? :-(

Please share your views on this.

Adv. Chandrasekhar (Advocate) 19 June 2015

The judge is absolutely wrong in this case:

1. If he has any jurisdictional objection, he should have risen it in the first motion itself and not at the time of second motion.

2. If the wife gives an affidavit that at the time of filing the MCD, she was living in the place where the case was filed, he should satisfy with that affidavit, because amended Act gives such a liverage to the wife to file the case from the place where she has been residing at the time of filing the petition.

3. Your advocate has to put these arguments politely but vehemently to drive the point home, because in this I am seeing nothing but the judge's error. Even then, he does not agree, then your advocate should insist that the wife would file an affidavit and on the basis of that he should grant the divorce decree. Even then, he does not agree, just do not leave this matter like this and take up to High Court, because such kind of judges need strictures so that in future they won't harass the parties.