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Jurisdiction to file for divorce
03-Aug-2023 (In Divorce Law)
I got a court marriage 2years back according to hindu marriage act in Nagpur, maharashtra. I want to divorce my husband, as he is abusive and ill treats me. We haven't lived together since one month after our marriage. Can I apply for divorce from any other place, as I am not a resident of Nagpur?
Hi
You can proceed to the family court wherever you are currently residing.
In order to do that you have to provide address proof of that residence.
You will be able file suit at your current location although your marriage was performed at Nagpur.
You can proceed to the family court wherever you are currently residing.
In order to do that you have to provide address proof of that residence.
You will be able file suit at your current location although your marriage was performed at Nagpur.
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Adv. Rohit Shaligram
Pune | 500+ Answers
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What are the steps for divorce in Maharashtra?
The Divorce Petition that will be prepared will include the terms of settlement which have been agreed upon between the parties. As part of the court process, a Mutual Consent Divorce petition will be filed. The matter will be heard in Court. Parties are required to appear before the Court, and their statements are recorded.
How do you stop a divorce you don't want?
Act as if you are confident about moving forward. ...
Let your spouse come to you if they have questions or concerns. ...
Be your best self. ...
Respect your spouse. ...
Avoid arguments. ...
Get help. ...
Give your partner some space. ...
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Is 6 months necessary for divorce?
The Supreme Court, headed by Justice SK Kaul and a five-judge Constitution Bench, said it can dissolve a Hindu marriage through mutual consent without the six-month waiting period required by the Hindu Marriage Act of 1955. 1 May 2023
Is 1 year separation mandatory for mutual divorce?
Understanding the legal process of mutual divorce
For a mutual separation, more than one year is needed. The first motion can be filed after one year of separation. The period between filing the first motion and filing the second motion can be as short as 6 months or up to 18 months.
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 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
6[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
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 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
6[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
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Whereever you are residing, if you are permanent resident of that city you start divorce procedding against him, it is up to you. You can give notice to your husband and may file case in respective court
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Adv. Pankaj Dixit
VasaiVirar | 25+ Answers
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Yes you can file for divorce from any place where you resided more than 6 months and by default jurisdiction areas are
Place of marriage.
place of matrimonial home.
place of parental home.
place of job location
Feel free to Contact for legal service in pune and nearby areas.
Place of marriage.
place of matrimonial home.
place of parental home.
place of job location
Feel free to Contact for legal service in pune and nearby areas.
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u r residing for ur father or mother.
u can file a divorce petition in nagpur or u r last residing in ur place.
u can not file other place cause ur case is not maintenable for jurisdiction.
u can file divorce by mutual consent , in case ur husband is still ready at nagpur
u can file a divorce petition in nagpur or u r last residing in ur place.
u can not file other place cause ur case is not maintenable for jurisdiction.
u can file divorce by mutual consent , in case ur husband is still ready at nagpur
Helpful?
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Adv. Nilesh Y Thengre
Nagpur | 100+ Answers
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It is better to file case under the jurisdiction of the court where the marriage was solemnised or where the couple stayed last together as husband & wife. Otherwise file the case where the wife is currently staying.
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Adv. Sanjesh Prasad
Patna | 25+ Answers
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You can file your divorce only at two places first where u did ur marriage second where u lastly resided together. If u r filing atge instant case at the place where u last resided together there should satisfactiory proof of that for filing
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Adv. Ratnesh Kumar
Patna | 100+ Answers
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STEP 1: The husband or wife files a petition. STEP 2: The court summons the spouse and asks for a response. STEP 3: Court may suggest reconciliation. STEP 4: Examining and cross-examining witnesses and evidence.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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