Divorce decree declaration suit

Question

Divorce decree declaration suit

05-Sep-2026 (In Divorce Law)

If mutual paper divorce has done at lucknow. Is it possible that i as a female can apply for the decree of the divorce at the place of present residence, other then the place of divorce agreement.

Answers (5)

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Adv. Archana Modanwal Adv. Archana Modanwal

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Advocate Lalit Saxena LawRato · Accepted Answer · 2026-09-19T13:55:27+05:30

Answer #2

Yes, as a female petitioner, you can apply for the decree of divorce at your present place of residence, regardless of where the mutual divorce agreement was signed or where the marriage took place. This is a special provision under the Hindu Marriage Act, 1955, specifically designed to protect women from the hardship of travelling to a different city to pursue matrimonial proceedings . Under Section 19(iiia) of the Act, every petition shall be presented to the District Court within whose jurisdiction the wife is residing on the date of presentation of the petition . This clause was inserted by the 2003 Amendment to provide a convenient forum for women .

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Advocate Sudesh Kumar LawRato · Accepted Answer · 2026-09-20T06:27:49+05:30

Answer #3

Haan aap apne current residence ki jagah se divorce decree ke liye apply kar sakti hain. Law ke mutabik, wife ko apni maujuda city me case file karne ka right hota hai. Iski poori process aur papers samajhne ke liye aap ADV Sudesh ke saath ek appointment book karke legal consultation le sakti hain.

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Advocate Saurabh Mani LawRato · Accepted Answer · 2026-09-20T11:44:26+05:30

Answer #4

vartman Mein Aapki vartman mein aap kahan per Hain Aapke dwara yadi Talaq Apne Sasural se ya Kisi mayke Se dakhil Kiya Gaya Hai vartman Mein aapka adress Kahin aur hai to aap degree ka execution Karva kara sakte hain CPC mein aisa pravdhan hai Jaise for example agar aap Mau district mein hain to Mau district Mein kin paristhitiyon Ko Bus ya kis jawab vah kis Karan Hua Hai Uska ullekhit karte hue aap degree ka execution kara sakte hain Vidhi ke anusar degree Usi nyayalay se nishpadan Hoga Jis nyayalay Ne Aadesh parit kiya hai parantu aap apni paristhitiyon ka Hawala dete Hue Jaise agar aap Mau mein hai to Mau se kara sakte hain

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Advocate Amit Dangwal LawRato · Accepted Answer · 2026-09-21T22:52:32+05:30

Answer #5

Yes. If the divorce is by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, the wife can generally file the joint petition before the competent Family/District Court having territorial jurisdiction over the place where she is residing on the date of filing, even if the mutual-consent agreement was prepared or signed at Lucknow. Courts have also recognised this provision in the context of mutual-consent petitions

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Adv. Amit Dangwal Adv. Amit Dangwal

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