Vishal Kumar (Asst. manager) 31 January 2014

Where to file divorce case

Dear Experts I need your help,

I got married in Feb., 2012 and soon after three months my wife left me. After that she filed three different cases on me and my family viz. 498a & 406, DV and Crpc 125.

She is from Haryana and all these cases are filed at her current residence in Haryana while she stayed with me along with my family at our residence in Rajasthan. Soon after she filed these cases my family disowned me and my wife (on the advise of a lawyer) and got the same published in the newspaper. For last one and half year I am living in Andhra Pradesh due to my job.

Therefore I wanted to know that can I file the divorce petition in AP as now my family has disowned me and therefore I have nothing to do in Rajasthan ? Please advise.

Thanx

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9 Replies

Adv Archana Deshmukh (Practicing Advocate) 31 January 2014

If you have not last lived with your wife at AP then, AP courts have no jurisdiction in your divorce case.

1 Like

fighting back (exec) 31 January 2014

rightly advised my Archana maam, you have to file case in that state where you last resided, however to harrass her, you file case in your hometown in rajasthan, but then, you will have to travel to rajasthan for your dates, and she can file futher case in supreme court to transfer case to her home state. so overall, it is a mess mess affair.

Vishal Kumar (Asst. manager) 31 January 2014

Thanks for the reply. But in that way she has filed all her suits in Haryana which means that Haryana court as no jurisdiction and the cases should be dismissed as we lived in Rajasthan.

Please correct me if I am wrong.

Adv Archana Deshmukh (Practicing Advocate) 31 January 2014

It is not so. The jurisdiction of divorce case and other cases you have mentioned is different. For example, DV case can be file at the place of temperory residence of the aggrieved person.

adv. rajeev ( rajoo ) (practicing advocate) 31 January 2014

Where the marriage taken place or where you both resided together last , that court has got jurisdiction to file a divorce petition.

Vishal Kumar (Asst. manager) 31 January 2014

Thanks Archana ji, Fighting back and Rajiv Sir for your advise.

I also would like to know that in all her cases she has mentioned that she was forcefully thrown out of her matrimonial house whereas I have an audio tape whereby she herself has confessed that she left the home on her own will. Right now all the cases are in appearance stage and we are yet to file our reply in these cases. I was arrested in 498a case and then released on bail. Can the court deny her any kind of relief that she is looking for (monetary and other benefits) as she didn't came with clean hands. Also, can we file perjury case for lying under the oath. Is there any other action that we can take against her under the perview of the law.

Please guide.

Gautam Kapoor (IT professional Studying Law) 01 February 2014

As advised by respected legal lawyers above,court has got jurisdiction to file a divorce petition where you married/last resided ,however the chances of case being transferred to your wife's hometown cannot be ruled out.Start preparing for these eventualities and fight the case on your merits.First fight out your case on merits and try to get of it,Prejury later.

unfortunate victim (owner) 03 February 2014

please wait before filing divorce case there are some precautions should be taken before filing divorece .
Please contact immediately on MENS RIGHT ASSOCIATION OR
https://www.saveindianfamily.org/contact-us/
https://www.facebook.com/groups/saveindianfamilyfoundation/