koustubh bhide 17 November 2024

jurisdiction to file divorse case

i want to file 1 divorse matter. but i
am confused under which act should i file matter. either indian divorse act, spl marriage act, whether in district court or senior division court.
husband is Christian and wife is buddhist. both got married. wife have not changed her religion after marriage. now due to diapute between them wife wants to file divorse contested matter.
pls guide me which act will apply and which court is correct ti file divorse matter???

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 17 November 2024

If the marriage was registered under special marriage act then you may have to file a divorce case under the provisions of special marriage act only.

P. Venu (Advocate) 17 November 2024

Persumably, the marriage would have teken place under the Special Marriage Act. Irrespective of the Law under which the marriage has been solemnised/registered, invariably, matrimonial disputes falls under the jurisdiction of the Family Court where the marriage had taken place or their matrimonial home or the place where the couple had resided together last.

Dr. J C Vashista (Advocate ) 18 November 2024

You are required to verify as to whether the couple got married under the provisions of Indian Christian Marriage Act, 1872 or Special Marriage Act, 1872, accordingly petition for divorce shall be drafted and filed.

Alpa Jogi (Advocate) 19 November 2024

Advice is simple and clear that if the marriage is solemnised under special marriage than divorce will be under specail marraige act and if the marriage is done as per christian rituals than divorce will be as per the divorce act.

Regards

Alpa Jogi (Advocate)

Divorce Lawyer in Ahmedabad