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BJM_BJM_BJM (Service )     21 April 2010

Jurisdiction - problem

Pls Guide me In the light of following,

  Court to which divorce 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

(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.]

 

In my case :

My Marrige was solominised in Dehradun as per special Marrige Act.

We last resided at Ludiana at army unit house before we deaprted .

My husband got expartie divorce decree from Vishakapatnam his home town . Sraight after marrige at Dehradun we went to Vishakapatnam for reception for few days and thereafter we went to Ludhiana and lived there for 10 months .Since separation from Ludhaian I am residing at Dehradin with my parents.

Pls clear the stand :

Does Vishakapatnam cort has the Jurisdiction or not .



Learning

 2 Replies

Gundlapallis (Advocate)     21 April 2010

Your husband might have misrepresented the court that you both resided together with his parents at his home town to attract the jurisdiction of the Visakapatnam court.  File a petition for setting aside exparte decree of the court and file your counter denying the jurisdcition of the Visakapatnam court stating reasons and with proof of your residence (both where you both lived together and where you are presently living) else where. 


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