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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.
divorce under 13B ( mutual consent) can be presented either at the place of marriage, or where both parties last resided or where wife is currently residing.
preparation of MOU in LUCKNOW is not a bar to file the case at her place.
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Adv. Saubhagya Mishra
Adv. Saubhagya Mishra
Lucknow | 100+ Answers
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dear client as per your query you both had taken a mutual divorce on settlement agreement and now you want to take a decree of divorce but you cannot take a degree of divorce on the basis of settlement you have to file the mutual divorce before the competent court of jurisdiction
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Adv. Amit Pandey
Adv. Amit Pandey
Lucknow | 400+ Answers
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yes the petition can be filed at the residence or place of work the petition will be set place of divorce petition and then see the results of the mutual divorce petition this is after counseling then the divorce decree will be obtainef
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Adv. Spiti Sarkar
Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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First,please note that an out of court mutual paper divorce or a private agreement executed on stamp paper is not legally valid or recognized in India under the Hindu Marriage Act, or most personal family laws, A valid divorce can only be granted by a competent Family Court through a court decree. As a female/ wife you can definitely file a divorce at the place of your present residence, even if the Marriage took place elsewhere or the prior paper agreement was signed in Lucknow. Under Section 19 (iii-a) of the Hindu Marriage Act, a petition for divorce or judicial separation can be presented before Family Court within the local limits of whose jurisdiction the wife resides on the date of presenting the petition. Legal remedy- File a petition for Mutual consent divorce under Section 13-B of Hindu Marriage Act. If spouse is uncooperative, you can file a petition for divorce under Section 13-A in the Family Court
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A paper divorce / mutual divorce deed executed at Lucknow, even if notarized, has no legal validity in India. Divorce can only be granted by a competent Family Court by a Decree of Divorce as per Hindu Marriage Act, 1955.
Yes, as a female you can definitely file for a decree of divorce at your present place of residence.
As per Section 19 of Hindu Marriage Act, a petition for divorce can be presented by the wife at the place where she is presently residing. This is a special benefit given to women.
So, even if the mutual agreement was made at Lucknow, you are not bound to file at Lucknow. You can file a fresh petition for Mutual Consent Divorce under Section 13B of HMA at the Family Court having jurisdiction over your current residence.
The earlier paper agreement can be filed in court as proof of your mutual consent. It will help the court in granting divorce quickly and you can also request waiver of the 6-month cooling period.
My advice is to file a proper mutual consent divorce petition in the Family Court to get a valid legal decree, otherwise the paper divorce is void.
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Adv. Shamma Perween
Adv. Shamma Perween
Gorakhpur | 5+ Answers
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