Want to file for divorce how to determine jurisdiction
19-Aug-2023 (In Divorce Law)
Hi, I belong to UP and got married in Kanpur (UP) only thereafter my parents has shifted to Indore (MP). My husband still resides in UP and my parents resides in MP. The reason to shift is studies of my younger brother. I would like to proceed for divorce from MP only as my family is there. Can i initiate the proceedings from MP?? It is not a mutual divorce, I am filling it due to mental and physical harassment from my husband & his family.
yes, you were admittedly married at Kanpur (U.P.) and your parents shifted to Indore (M.P. ) ,Your husband deserted you lastly at Indore (M.P.) so you got cause of action also at Indore(M.P.) Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger. The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society, to which the parties belong, their social values, status, environment in which they live. Cruelty need not be physical. If from the conduct of the spouse it is established or an inference can be legitimately drawn that the treatment of the spouse is such that it causes apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty; Maya Devi v. Jagdish Prasad, AIR 2007 SC 1426.
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."