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antony JP (teacher)     31 May 2016

Will case be dismissed ?

DEAR EXPERTS,

WIFE HAS SAID IN HER PETITION THAT SHE LEFT ME IN 2013 BUT SHE LEFT ME IN 2015 FEBRUARY AND ALSO FILLED CASE IN WRONG JURISDICTION.SIR IF I PROVE THAT SHE LEFT ME IN 2015 AND THE CASE HAS BEEN FILLED IN WRONG PLACE WILL THE CASE BE DISSMISSED?

we were staying in a place till 2013 and 2014 shifted to other place and stayed there 2015.but she for geting jurisdiction in the court she hide the last residence details and filled case in the court where we stayed in 2013


Learning

 5 Replies

saravanan s (legal advisor)     31 May 2016

What case has she filed against you

antony JP (teacher)     31 May 2016

Divorce and for ornaments

prabhakar advocate (advocate)     31 May 2016

Remember that even your points appear to be valid, two things have to be kept in mind.  If she filed divorce on the ground of cruelty, then she left you in 2013 or 2015 won't matter that much.  If her case is on the basis that you deserted her for more than two years, then her petition will be dismissed, if you prove that you both statyed together (really cohabitating) till 2015.  Next, even if she mentioned wrongly about the place last resided together, if the place from where she filed the petition falls within the four categories - the marriage took place in that jurisdiction, or last resided together or you are living there at present or she is living there at the time of filing the petition, then that court has got jurisdiction.

antony JP (teacher)     31 May 2016

Sir,marriage place,last resided place,her place and my place are not under this courts jurisdiction.she has submiitted a fake rent deed.can i tell the judge this in next hearing or wait for the trail?

prabhakar advocate (advocate)     01 June 2016

As per the amendment made in the law, wife is entitled to file a divorce petition from the place where she is residing at the time of filing the petition.  So rent deed will be acceptable document to show the jurisdictin of the court.  If you want to try to prove that rent deed is a fake document, the burden is on you to prove it and court will direct you to prove it when your evidence part comes, which comes at the fag end of the case.  So, concentrate on the merits of the case instead of relying on preliminary objections.


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