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Mutual consent divorce under 13B - a question


12-Nov-2023 (In Divorce Law)
Hi, Can mutual consent divorce be filed from any place or only from the place where the couple last resided together? We had availed your services earlier in 2018 for the same purpose(13B) but the case was dismissed(in Bangalore family court) on account of absence of wife. We are looking to refile the case. We last stayed together in Bangalore and we are Hindus. presently wife stays in Delhi or Rajasthan( not sure exactly) and I continue to stay in Bangalore. Marriage was done in Kishangarh, rajasthan
Answers (3)

Answer #1
845 votes
mutual consent can be filed at the place of marriage or place of husband and wife residing last or place of wife residence at the time of filing petiton , you both must decide one of the place to file the divorce , regarding dismissed if it's withdrawn you can refile and for default you have to move an application for restoration.
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Answer #2
665 votes
Hi,
I have gone through the subject Matter, yes you can initiate the proceedings in Bangalore, but we need both the parties permission to file the case, and yes since the last residing address was Bangalore the case can be initiated in Bangalore.
we handle cases of family issues, kindly contact us for further details.
thanking you
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Answer #3
529 votes
Yes sir, if you are residing in Bengaluru, then you can file it herein Bengaluru. The court got jurisdiction in Bengaluru. If you want file it in Delhi , you can file it because your wife is residing in Delhi right.
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