My wife and i got married in Jan 2012 and stayed in Bangalore after our marriage. I was working in bangalore and my wife was a housewife. My Wife moved to Delhi in March 2015 as she got a job offer from MNC , later in jan 2016 she sent a notice for DV. I had to travel numerous times from Bangalore to Delhi to fight against false DV case. Now after numerous rounds of court hearings and mediations , she has agreed for settlement and mutual divorce through mediation court. Her lawyer wants me to file for mutual divorce. My question : I was not born in Delhi , nor my marriage occurred in Delhi , nor am i a resident of Delhi. Can i file for a mutual divorce in Delhi? Also my wife has not shared her office and staying address in Delhi. in her DV petition filed in Jan 2016 , she has mentioned a MNC company address which she was working in 2016- she does not work in that company anymore. She is un-cooperative and is not sharing her current address . which address should i mention in Mutual divorce petition? mediation court has set a date for filing of first motion of Mutual divorce by 7th May 2017. i am adamant that i will sign petition only when addressees mentioned in the petition are correct .what if the filing gets delayed due to improper address?
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1) file for divorce by mutual consent in bangalore only
2) your marriage wass solemnised in bangalore , after marriage you resided with wife in bangalore only
3) if you have any address proof of residing in delhi then you cna file for MCD in delhi .
4) obtain wife correct residenctial address then file for divorce by mutual consent only
1. Yes , it can be filed in Delhi since your wife is presently residing there.
2. Since mutual divorce occurs with the consensus of the aprties you can put any condition beofre filing the mutual divorce petition.If the mutual consent divorce falls through due to your condition then choice is yours.
Dear Querist
My opinion on your queries are as under:
1. I was not born in Delhi , nor my marriage occurred in Delhi , nor am i a resident of Delhi. Can i file for a mutual divorce in Delhi?
Opinion: yes, you may file the mutual consent divorce or contested divorce in Delhi Court as she is residing in Delhi, hence the Delhi Court have Jurisdiction to entertain the petition.
Also my wife has not shared her office and staying address in Delhi. in her DV petition filed in Jan 2016 , she has mentioned a MNC company address which she was working in 2016- she does not work in that company anymore. She is un-cooperative and is not sharing her current address . which address should i mention in Mutual divorce petition?
Opinion: It's depend on your compromise/settlement's terms and condition. she has to provide the address by which the mutual consent divorce shall be filed.
mediation court has set a date for filing of first motion of Mutual divorce by 7th May 2017. i am adamant that i will sign petition only when addressees mentioned in the petition are correct .what if the filing gets delayed due to improper address?
Opinion: if she is not providing her address then you may raise your objection before mediation center who settled the matter between you and try to create pressure upon her to provide her address.
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1. Divorce petition including MCD petition and DV case, can be filed at the place where the marriage was solemnised or where the couple last stayed together or where the wife is currently residing.
2. So, she can file the DV case at delfi and you also can file the MCD case at Delhi.
3. MCD petition can not be filed by any one of the couple. Both of them shall have to jointly sign the said MCD petition for filing the same.
4. so, while taking her signature on the MCD petition, you can ascertain her address from her. Moreover, you can bring this problem to the notice of the mediator and you are right in demanding to know her current residential or current office address for mentioning the same in your MCD petition.
5. Please note that without verifying the address identification of one of the parties, the Court will not accept the MCD petition for want of jurisdiction since your residence is not at Delhi.
If she is residing in Delhi, the you can file a mutual consent divorce case in Delhi itself.
If her lawyer is telling you to file the case, why dont you ask him to file this case himself in Delhi.
A divorce can can be filed in the place of marriage or in the place where both resided last together or in the lace where she is currently residing.
Either of the parties need to provide proof of address in New Delhi if the petition is to be filed there. If your wife is not co-operating it means that she does not want to file MCD as suggested by the mediation court. If you are unable to meet the dead line set by the mediation court, inform the court that your wife is not co-operating in sharing the address for filing the petition at New Delhi.
If you are currently staying in Bangalore and have address proof here, inform your wife that you will proceed to file the petition at Bangalore and that she needs to be present at Bangalore at the time of filing of the petition. You can do this before 7/5/2017.
1. if your wife is ready to settle this issue yo should file a petition before the high court u/s 482 crpc as soon as possible.
2. according to B. S. Joshi vs State of Haryana 2003 SCC, you can quash the proceeding if both parties are agree to settle their issue.
3. in the same petition you should produce compromise deed thereafter file MCD on the said compromise deed. both parties are bound by the deed and later on no one can retract.
Q. I was not born in Delhi , nor my marriage occurred in Delhi , nor am i a resident of Delhi. Can i file for a mutual divorce in Delhi?
Also my wife has not shared her office and staying address in Delhi. in her DV petition filed in Jan 2016 , she has mentioned a MNC company address which she was working in 2016- she does not work in that company anymore.
A. jurisdfiction is matrimonial case shall be decided where marriage was solemnised or where spouse lastly reside or where wife residing. so in your case she cannot file MCD at Delhi. decree is null and void if court has jurisdictional error.
Hi Sirs, Thank you for your response to the query. The information provided in the response is insightful and informative. My follow-up query question is as follows: As per the pre agreement signed in the mediation court, i have to pay half the settlement amount on the day of filing of the First motion of MCD, and the remaining half when the second motion is filed and MCD is completed. If either of the parties, decides to withdraw the MCD petition after filing of the first motion, what happens to the settlement money submitted to court during the First motion? in our last court hearing, we requested the Delhi court to grant us more time to file for MCD as my wife was not sharing her Delhi address. I am contemplating of filing the MCD in Bangalore now due to the delays. Will i face any legal backlash (fines / penalties) for filing the MCD in Bangalore and not Delhi (as the pre-agreement to MCD was signed in Delhi mediation court)? thank you in advance. warm regards,
1)there should be clause in consent terms that in case wife with draws her consent the settlement amount paid to her would be refunded by her within period of 2 weeks of with drawal of her consent
2) MCD should be file in Delhi only as agreement was signed in Delhi mediation court
3) for filing MCD presence of both parties would be required
The mediation has nothing to do with the filing of divorce case.
If as per agreement you would like to proceed with the proposed divorce case on the m grounds of mutual consent, you may go ahead to file in Bangalore itself, you can inform her and collect her address too over phone and ask her to come down to Bangalore for filing the case during first motion and can handopver the agreed half amount that day in Bangalore itself.
1. As per the pre-agreement, how are you supposed to make the said payment of half of te settled amount? Are you supposed to pay her directly or keep the DD with the Court till she appears during the 2nd motion when you shall pay her the balance before the Court?
2. If you pay her directly, there is a chance that she may not attend the 2nd motion and in that case you shall have no remedy.Ensure that you deposit the DD before the Court.
3. MCD petition shall have to be jointly signed by both of you and you can not file a MCD petition before any Court without taking her signature thereupon. If she signs the MCD petition and file it before Bangalore Court then it will be considered as mutually consented Court for filing the said MCD petition. In the said case the Delhi Court will raise no objection for such filing.