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Jurisdiction For Filling Divorce
20-Jan-2026 (In Divorce Law)
My wife live with me together last Mumbai Goregao. Than we seperated. My marriage was done in Nashik . Today I am living in Gujarat. I want to file Divorce. Mumbai is Jurisdiction for filling Divorce?...I have rent agreement of that time when we lived together in Mumbai. My Aadhar card of Gujarat
Under Section 19 of the Hindu Marriage Act, the divorce petition may be filed at any of the three places—where the marriage was solemnised (Nashik), where the parties last resided together (Mumbai/Goregaon), or where the respondent is presently residing.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Let me explain this in a simple and practical way.
Yes, Mumbai can be a valid jurisdiction for filing divorce. Under the law, a divorce case can be filed in the court where the marriage was solemnized, where the husband and wife last lived together, or where the wife is presently residing. Since you and your wife last lived together in Mumbai (Goregaon), Mumbai Family Court has jurisdiction. Your rent agreement of that period is good supporting proof.
The fact that your marriage took place in Nashik also gives jurisdiction there. Your present residence in Gujarat does not stop you from filing in Mumbai, though filing where you last cohabited is legally sound and commonly accepted.
Aadhaar address is not decisive. What matters is proof of last shared residence, which you already have.
Before filing, it is important to choose the court wisely to avoid objections or delay. If you want, you can discuss the full facts with me and I will guide you on the safest jurisdiction and correct procedure so your case proceeds smoothly without technical issues.
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Adv. Sachin Pawar
Solapur | 5+ Answers
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the jurisdiction for filing a divorce petition is governed by personal laws (Hindu Marriage Act, Special Marriage Act, etc.) and the Civil Procedure Code. Generally, a divorce petition can be filed in the Family Court/District Court having jurisdiction over any one of the following places:
1. Place of Marriage
Where the marriage was solemnized.
2. Last Place of Cohabitation
Where the husband and wife last lived together after marriage.
3. Wife’s Place of Residence
Where the wife is currently residing on the date of filing the petition
(this is especially important and beneficial for the wife).
4. Respondent’s Place of Residence
Where the other spouse (respondent) is residing at the time of filing.
5. In Case Respondent Is Outside India / Not Traceable
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Adv. Prashant Gupta
Mumbai | 50+ Answers
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Yes, Mumbai has jurisdiction if it was the last place where you and your wife lived together, supported by the rent agreement. Divorce can also be filed where marriage was solemnized or where either party presently resides.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Under divorce jurisdiction rules, a petition can be filed (Hindu):
where the marriage was solemnised,
where the parties last resided together,
where the respondent resides, and
in case the wife is the petitioner, where she is presently residing.
A husband cannot file a divorce case at the place where he is residing unless the wife also resides there or the cause of action arose there.
In your situation, if you are filing the divorce, jurisdiction will depend on Nashik (place of marriage), Mumbai (last matrimonial residence), or the place where your wife is presently residing.
Because jurisdiction issues can lead to objections and dismissal at a later stage, it is strongly advisable to consult a family law lawyer who can assess the facts and ensure the petition is filed in the correct court.
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Adv. Saylee Chaudhari
Dombivli | 50+ Answers
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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.
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