Can jurisdiction of mutual divorce be changed?

987 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 LawRato

891 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 LawRato

932 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 LawRato

536 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.

LawRato LawRato

569 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 LawRato