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Can I file a mutual consent in my court where I got Stay order


15-Oct-2023 (In Divorce Law)
I have filed a contested divorce case in my city. My wife filed a transfer petition at Supreme Court as she lives in different state. Supreme Court has allowed the transfer petition and granted a stay order but now they are ready for mutual consent. Can I and my wife file a new mutual consent divorce in my court where the stay order is granted on my first contested divorce petition?
Answers (1)

Answer #1
512 votes
Yes, if both you and your wife are ready to file in that court you can file. Divorce application can be filed in the court within whose jurisdiction, 1. You got married, 2. The husband and wife last resided and 3. Where the wife presently resides. So all the three places are open to both of you. But the wife has a right of choice for the third option.
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