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The process of filing of divorce and query about child custody
25-Aug-2023 (In Divorce Law)
me and wife married for 10.5 years with both working and a 4.5 year old daughter. I am from city X and my wife is from city Y with both of us staying here in city Z. need some guidance about my custody rights, wife's maintenance and alimony rights, place to file divorce and the process for the same.
Under section 19 of the Hindu Marriage Act, states that , Court to which petition should be made
Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—
the marriage was solemnized, or
the respondent, at the time of the presentation of the petition, resides, or
the parties to the marriage last resided together, or
[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
the petitioner is residing at the time of the presentaÂtion of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
And maintenance will be fixed by the court depends on income of husband , income of wife etc,.
And without detail discussion proper consult is not possible.
Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—
the marriage was solemnized, or
the respondent, at the time of the presentation of the petition, resides, or
the parties to the marriage last resided together, or
[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
the petitioner is residing at the time of the presentaÂtion of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
And maintenance will be fixed by the court depends on income of husband , income of wife etc,.
And without detail discussion proper consult is not possible.
Helpful?
Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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