Husband in another state. Can i file divorce in the city where i stay?

64 votes

Firstly, register a criminal complaint against your husband under Section 498A of the Indian Penal Code for cruelty and under the Domestic Violence Act in the nearest Police Station and the Crime Against Women Cell.

Thereafter, you can initiate Divorce proceedings on the grounds of cruelty both physical and mental mentioned under Section 13(1)(ia) of the Hindu Marriage Act. The Courts have held that the threats of committing suicide also amount to mental cruelty and Divorce can be sought on this ground.

Yes, you can file the petition for Divorce in the place you are residing. After the amendment in the Act in 2002, the wife can present the petition for divorce in any of the following jurisdictions:

1. Where marriage has taken place;

2. Where the husband and wife started living soon after the marriage and prior to separation;

3. Where the respondent is residing;

4. Wife can also file a case from the place where she is residing after leaving matrimonial home.

Your case comes within point no. 4, therefore you can file a petition for divorce in the place where you reside after leaving the matrimonial home i.e. Jaipur.

Kindly contact us for any further details and action.

LawRato LawRato

75 votes

Section 19 clause (iii)-a states that if the Petitioner (wife) is the Petitioner, she may file the Petition wherever she resides. That is, Nisha does not need to file the Petition at the residence of Pankaj, the Respondent. Delhi. She can file the Petitioner at a Court in her current residence, ie. Mumbai.

Advocate Chikirsha Mohanty LawRato