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Married in Hisar. Living in Gurgaon. Where to file for mutual divorce?
18-Feb-2023 (In Divorce Law)
I am married since 2 years and our marriage took place in Hissar, Haryana. Since my marriage, me and my wife are staying in Gurgaon. Can we file a Mutual Divorce case in Gurgaon or would we have to file it in Hissar where we got married?
Also, can we file the case ourself or do we need a lawyer to file the case? If we can file the case without a lawyer, are there any disadvantages of the same?
The Divorce by mutual consent can be filed either at the place of marriage or at the place where there is matrimonial home of the parties, i.e. the place where they last resided as husband and wife, therefore the case can be filed at Gurgaon, it being your matrimonial home.
The litigant can file and contest without the aid of lawyer. In fact, any case even to the level of supreme court can be contested without a lawyer but the problem arises when the issues relating to drafting of petition and other legal complications creep in.
Issues related to Alimony, Maintenance, or other issue related to the compliance of procedural part of the court pleadings make it difficult to pursue the case without the assistance of an experienced lawyer. Also, to ensure you follow the court orders in a timely and systematic manner, it is advisable to appoint advocate so that the process goes smoothly.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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