quesHusband in another state. Can i file divorce in the city where i stay?

Can I file a divorce case in the city where I am staying and working wherein parents and my husband are in UP? We’ve been married for 9 years and for the last 3 years my husband and I have been staying separately. I am working in Jaipur.


He does not have a job. When I ask for a Divorce, he beats me and says he will kill himself and abuses me. He says will make my life hell and will go underground if I file a Divorce case and will ensure that I do not get a Divorce from him.


What should I do?


  • Planning to Divorce? Marriage Counselling can help

    Consult Now
    • ans


      Firstly, register a criminal complaint against your husband under Section 498A of the Indian Penal Code for cruelty and under the Domestic Violence Act in the nearest Police Station and the Crime Against Women Cell.


      Thereafter, you can initiate Divorce proceedings on the grounds of cruelty both physical and mental mentioned under Section 13(1)(ia) of the Hindu Marriage Act. The Courts have held that the threats of committing suicide also amount to mental cruelty and Divorce can be sought on this ground.


      Yes, you can file the petition for Divorce in the place you are residing. After the amendment in the Act in 2002, the wife can present the petition for divorce in any of the following jurisdictions:


      1. Where marriage has taken place;


      2. Where the husband and wife started living soon after the marriage and prior to separation;


      3. Where the respondent is residing;


      4. Wife can also file a case from the place where she is residing after leaving matrimonial home.


      Your case comes within point no. 4, therefore you can file a petition for divorce in the place where you reside after leaving the matrimonial home i.e. Jaipur.


      Kindly contact us for any further details and action.


    • File Mutual Consent Divorce @ Rs. 25,000/- only

      Know More
    • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
    • Related Articles

    Consult best Divorce lawyers in India

    Similar questions

    Hello Sir / Ma'am I want to file a case of divorce + maintenance and…

    I do not want my family to give dowry in my marriage. In our community…

    gud evening sir my name is mahesh small doubt in divorce .one lawer told to…

    Helo sir ,mere shadhi 7 years back hue ,mere husband mainu after marriage mentally,finiacilly harassh…

    Divorce Lawyers in India

    Advocate Arjun Vinod Bobde

      Supreme Court of India
     Experience: 16 years

    Advocate Prashant Mendiratta

      Lajpat Nagar 4
     Experience: 24 years

    Advocate Nagesh B L

     Experience: 23 years

    Advocate Prabhjit Jauhar

      Connaught Place
     Experience: 20 years

    View all >>

    Quick Consult

    Get 15 Minutes of Expert Legal Advice on Phone right now

    Ask a Free Question

    Post a Question online and get free advice from multiple lawyers by email

    Find a Lawyer

    Easily find and book private consults with top lawyers in India

    Get Fee Estimate

    Receive multiple quotations for your legal requirement instantly