Community › Forums › Legal Advice India › Jurisdiction of divorce filing
- This topic has 6 replies, 3 voices, and was last updated 1 year, 3 months ago by
User_e6d8923b.
-
AuthorPosts
-
-
UUser_e6d8923b
PARTICIPANT
February 23, 2025 at 5:15 pmSomeone in my family (Hindu female) is getting married to a Sikh male.The marriage ceremony is happening at a Gurudwara in Mumbai, Maharashtra, as families live there.
Post ceremony they plan to do a court marriage in Vadodara for legally ratifying the marriage. Vadodara because this is where the couple will be be living post marriage.
If someone can please help me understand this:-
In future if (god forbid) things don’t go well and they file divorce. Where will they have to lodge and fight the divorce case?
Will it be Vadodara, where court marriage happened & they live, or Mumbai, where the ceremony happened? Or somewhere else?
Kindly help me understand how the jurisdiction scene works in such cases.
-
EExpertfox3531
PARTICIPANT
February 23, 2025 at 5:19 pmNot a lawyerPlaces where the case can be fought
1. Wife hometown
2. Husband hometown
3. Last place where both of them are stayingPreference is given to wife, and if she wants to transfer it to her home town then she can file for transferring to her place.
-
PProrider4116
PARTICIPANT
February 24, 2025 at 7:13 am**Jurisdiction of the Court (Where can one file a Divorce case?)**The divorce petition is to be presented to the district court, which includes Family 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) In case petitioner is wife, where she resides at the time of presentation of the suit; or
v) 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.
**Analogous provisions of law**:
Hindu Marriage Act, 1955 – Section 19
Special Marriage Act, 1954 – Section 31
taken from [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
-
UUser_e6d8923b
OP
February 24, 2025 at 8:34 amThanks for answering.I didn’t get point 2 and 5, can you please explain it.
-
UUser_e6d8923b
OP
February 24, 2025 at 8:34 amThanks for answering.I didn’t get point 2 and 5, can you please explain it.
-
PProrider4116
PARTICIPANT
February 25, 2025 at 4:35 amii – the petitioner can also choose the jurisdiction based on the address where the respondent is residing, however this is not practiced generally.v – if the respondent is outside the territories of India or not sure whether the respondent alive or dead for a period of 7 years or more, the petitioner’s address considered for jurisdiction
-
UUser_e6d8923b
OP
February 26, 2025 at 12:22 pmWhat if the petitioner changed the address on all documents after marriage, but came back to parents city in situation of filing a case?
-
-
-
-
-
AuthorPosts