What would be the jurisdiction if spouse live in different states

659 votes

Divorce case can bhi filed within its jurisdiction such as place of marriage, place where parties cohabited as husband wife or where parties are living separately. It can be filed simultaniously durind the proceedings of caw cell

Advocate Manoj Kumar LawRato

615 votes

The court may lack jurisdiction over the other spouse, but it still has the power to grant the divorce. This is because the court has jurisdiction over the marriage itself, even if it does not possess jurisdiction of a spouse. Jurisdiction may be lacking over the other spouse if that spouse has not had contact with the state in a meaningful manner. Additionally, courts cannot make decisions regarding property that is situated in another state. The court may also be unable to make decisions related to child custody.
CAW cell tries to reconcile the disputes by way of dialogue and if you are willing to file a divorce , you can ask your spouse for the same in CAW cell also and file for the mutual divorce.

Advocate Suneel Kumar LawRato

869 votes

Dear client .
provide the full and complete disclosure of facts so that proper assisatance may be provided to you

Advocate Sanjeev LawRato

931 votes

If two different matrimonial cases of spouses are pending before two different states then normally the one person who is facing hardship can approach the supreme court and request to transfer the case from one state to other. It is called Transfer Petition and usually in most of the cases it is filed by women i.e wife but there is no bar to be filed by husband as well. It depends on the facts and circumstances of each case. Better consult a lawyer with your case.

Advocate S. Sethu Mahendran LawRato

839 votes

You can file a divorce petition even though your case is going on in the women's cell.

The divorce petition can be filed at the place where you are residing on the grounds taken in your case before the women's cell and additional facts.

Advocate Nupur Kumar LawRato