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What would be the jurisdiction if spouse live in different states


15-Jan-2023 (In Divorce Law)
When I should file a divorce case if my case is running in women cell??
How to contest divorce case , if the both spouses are staying in different states
 
Answers (5)

Answer #1
619 votes
Divorce case can bhi filed within its jurisdiction such as place of marriage, place where parties cohabited as husband wife or where parties are living separately. It can be filed simultaniously durind the proceedings of caw cell
People also ask

How can I get divorce in India while living abroad?

Both parties must file divorce papers with the court. Both parties must agree in advance on the amount of maintenance and the custody of any child born out of marriage. The case is adjourned six months after the date the plea was presented, also known as the initial motion.

How do I file for divorce if my husband is in another country?

Send the petition to your spouse via registered mail if his/her country allows it. Include a postal receipt for return receipt. It is necessary to obtain a return receipt in order to confirm that the petition has been delivered and accepted by your spouse.

How do you deal with an unexpected divorce?

Take care of your emotional and physical health. Relax, exercise and eat healthy. As much as you can, stick to your regular routine. Avoid making big decisions or major changes to your life plan. Avoid using alcohol, cigarettes or drugs to cope. They only cause more problems.

Can a person living in the USA divorce his Indian wife without going to India should he apply for a divorce in the USA or in India?

Can an American divorce his Indian spouse without having to travel to India? Should he file for divorce in India or the USA? If the marriage was performed according to Indian law, the divorce petition must be filed in accordance with Indian law. The divorce decree is valid anywhere in the globe.

  
Answer #2
533 votes
The court may lack jurisdiction over the other spouse, but it still has the power to grant the divorce. This is because the court has jurisdiction over the marriage itself, even if it does not possess jurisdiction of a spouse. Jurisdiction may be lacking over the other spouse if that spouse has not had contact with the state in a meaningful manner. Additionally, courts cannot make decisions regarding property that is situated in another state. The court may also be unable to make decisions related to child custody.
CAW cell tries to reconcile the disputes by way of dialogue and if you are willing to file a divorce , you can ask your spouse for the same in CAW cell also and file for the mutual divorce.

Answer #3
655 votes
Dear client .
provide the full and complete disclosure of facts so that proper assisatance may be provided to you
Answer #4
777 votes
If two different matrimonial cases of spouses are pending before two different states then normally the one person who is facing hardship can approach the supreme court and request to transfer the case from one state to other. It is called Transfer Petition and usually in most of the cases it is filed by women i.e wife but there is no bar to be filed by husband as well. It depends on the facts and circumstances of each case. Better consult a lawyer with your case.
Answer #5
925 votes
You can file a divorce petition even though your case is going on in the women's cell.

The divorce petition can be filed at the place where you are residing on the grounds taken in your case before the women's cell and additional facts.

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.

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