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Query for Jurisdiction regarding filling divorce Case


07-Nov-2025 (In Divorce Law)
My wife and I have not been together since 2014 and I filed a Divorce case in the lower court and the petition was dismissed in the lower court as well as the high court. My wife's petition of DV has also been dismissed in 2018. Now my question is Can I file a fresh Divorce petition on desertion ground ? One more question is about jurisdiction because my wife lives in Delhi and I got transferred to Hyderabad 2 years back..Can I file a fresh Divorce case here in Hyderabad?
Answers (2)

Answer #1
726 votes
The husband can file a divorce petition in: The place where the marriage took place, or The place where they last lived together, or The place where the wife currently resides, or His own residence only if the wife is outside India or cannot be located. in your case now you are in hyderabad so you cannot file in Hyderabad
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Advocate Katla Vijaykumar

Adv. Katla Vijaykumar

LawRato Secunderabad | 50+ Answers
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Answer #2
712 votes
Yes, you can file a fresh divorce petition on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, provided you can establish that your wife has voluntarily deserted you for more than two years without reasonable cause and there has been no resumption of cohabitation. The earlier dismissal does not bar a new petition if fresh and continuing cause of action exists. Regarding jurisdiction, you can file the petition in the Family Court at Hyderabad since you are presently residing and working there, as per Section 19 of the Hindu Marriage Act, which allows filing at the place where the petitioner presently resides. Ensure all previous proceedings are disclosed in the new petition to avoid objections of concealment or res judicata.
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Advocate Pavani Kumari

Adv. Pavani Kumari

LawRatoGuntur | 400+ Answers
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