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Can jurisdiction of mutual divorce be changed?


02-Aug-2023 (In Divorce Law)
I have a married sister who is staying with us and there is also divorce deed. We are trying to finish and do divorce petition by mutual consent in family court however due to some disputes and 2nd party have sent a notice from Mumbai(Where 2nd Party stays). Can we somehow change the jurisdiction to Surat or transfer the case in Surat ?
Answers (5)

Answer #1
747 votes
Hi,

You can file the petition for Divorce on the basis of mutual consent according to your wish as it denotes MUTUAL, it means where both the parties are interested. You can file the petition any where be it Mumbai or Surat but you should have residence proof of the Jurisdiction.

Thanks
Advocate Ramit Sehrawat

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Answer #2
850 votes
Yes definitely transfer the divorce petition from Bombay to Surat by filling of petition into Supreme Court Of India. You should approach Supreme Court and file petition which says transfer petition and the petition transfer by the court
Advocate Hitesh D Katharotiya

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Answer #3
928 votes
Sir your query appear to be incomplete. however I am explaining the principle of transfer of case from State to another State.
If the Suit for Divorce is filed at Mumbai, the same can be transfer to Surat Court only with the order of Supreme Court passed u/s 25 of the Code of Civil Procedure, 1908. One party has to file an application before the SC for transferring it to Surat Family Court.
However, if the suit is still not filed, you can also file a suit for divorce at Surat Court without wasting time.
Advocate Aftabhusen A Ansari

Adv. Aftabhusen A Ansari

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Answer #4
801 votes
In matromoniam cases jurisdiction can be decided on the point - where marriage was done, where both togather reside.
Case can be transferred if some serous allegations against the court are there, but this course of action is not advised at all.
Answer #5
808 votes
if your sister is staying at Surat, she can definately file petition before Surat Court. and if she wants to get the matter transferred form Mumbai to Surat, you have to approach the Hon;ble Supreme Court. For mutual consent petition, you hve to convince the other side to come to Surat
Advocate Narendra Ramnani

Adv. Narendra Ramnani

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