What would be the jurisdiction if spouse live in different states

Question

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)

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Adv. Manoj Kumar Adv. Manoj Kumar

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Advocate Suneel Kumar LawRato · Accepted Answer · 2017-01-16T17:54:51+05:30

Answer #2

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.

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Advocate Sanjeev LawRato · Accepted Answer · 2017-01-16T17:56:02+05:30

Answer #3

Dear client . provide the full and complete disclosure of facts so that proper assisatance may be provided to you

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Advocate S. Sethu Mahendran LawRato · Accepted Answer · 2017-01-16T18:57:15+05:30

Answer #4

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.

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Adv. S. Sethu Mahendran Adv. S. Sethu Mahendran

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Advocate Nupur Kumar LawRato · Accepted Answer · 2017-01-16T19:08:05+05:30

Answer #5

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.

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Adv. Nupur Kumar Adv. Nupur Kumar

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