How to file a Divorce Petition

616 votes

if you want divorce its better to go for mutual consent divorce, firstly send the legal notice to the husband, if they agree take a mutual consent divorce, which is easier to get and takes less time to resolve.

Advocate Nitish Banka LawRato

802 votes

Section 19 of the Hindu Marriage Act 1955 reads as under :-
Court to which 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 solemnised, 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
(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, 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.]
Jurisdiction of the Court If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel, AIR 2003 MP 189.
As per the provisions of the sub-section (iiia) of the above section, the lady may file her divorce petition where she is at present residing. She should engage a good family lawyer who is intelligent, diligent and trustworthy.

Advocate Harish Chandra Yati LawRato

778 votes

ordinarily, the divorce will have to be filed where the marriage was solemnised or where the last matrimonial home was. there is no provision for her to file in raipur merely because she is living in raipur.

Advocate Angad Mehta LawRato

542 votes

Hi, From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Advocate Ganesh Singh LawRato