• Filing a divorce case

I am serving in Army and presently posted in North - East part of India. I have some irreparable issues with my wife. i want to take divorce. i belong to Punjab. i want to ask that, "can i file a case for divorce from my wife at my place of duty i.e. in North East.

if yes then what would be appellate court in this case.
Asked 3 years ago in Family Law
Religion: Hindu

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27 Answers

You can file for divorce from place of your posting

2) appeal would lie before HC in NE

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

1. If you wife never came to NE you can not file suit for divorce from your present city of posting.

2 . To determine the territorial jurisdiction of court please follow the places to find out the city where yoi can file suit.

A. Where marriage was performed,

B. Where both of you last resided together

c. Where your wife is presently residing.

So decide accordingly.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

you have to file a divorce case at place you both last resided together or at place of your marriage solemonised or your wife is residing .

If your wife has resided with you in NE than you can file case there but if your wife has not joined you at place of your duty you cannot file case there.

The high court in same state where you file case.

Also your wife can seek transfer from Supreme Court for case from NE to her residence state on ground if she has not resided there and it is difficult for her to travel.

So kindly check the jurisdiction properly before filing.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Hello Good Afternoon,

Yes you can file the case where you are stationed now , but if you get transferred then you will face a lot of trouble because a divorce which has been contested will take many years to get decide .

I would like to advice you to file the case in your home district .

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2911 Answers
6 Consultations

4.7 on 5.0

According to Section 19 of the HMA: "Court to which petition shall be presented-

Every petition under this Act shall be presented to the District Court within the local

limits of whose ordinary original civil jurisdiction:

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iv) the petitioner is residing at the time of the presentation of the petition, in a

case where the respondent is at that time, residing outside the territories to which

this Act extends, or has not been heard of as being alive for a period of seven

years or more by those persons who would naturally have heard of him if he were

alive."

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Hi,

You may file a divorce at the place of duty (north east), if your wife has resided with you at that place. If not, then you may have to file the case at the place where the marriage was solemnised. In case, you file the case at North east, the appellate court would be the high court of that state.

Ganesh Singh
Advocate, New Delhi
6581 Answers
13 Consultations

4.5 on 5.0

There is no way you can file divorce suit in NE city. The statute is quite clear on this and the same is already reproduced in my earlier reply.

I wonder which advocate can conform filing of such suit in NE unless your wife is also found to be residing in the said city.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

No.you can't go ahead with case in NE either file at mumbai or at amritsar or the place where your wife is presently residing .

Also next time you put up a query kindly elaborate the complete facts of the case then suggestion given above were according to law as no facts were mentioned by you

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Hi, the case can not be filed at North east. Better, you file it at Amritsar taking all available grounds

Ganesh Singh
Advocate, New Delhi
6581 Answers
13 Consultations

4.5 on 5.0

You can file for divorce on grounds of mental cruelty and desertion in Amritsar where marriage was solemnised or in Mumbai where you last resided together or at the lace wherein wife is residing

The husband can file the petition in any three of the following District Court within the local limits where

The Marriage was solemnized, or

The Respondent resides, or

The parties last resided togetheR

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Section 19 of the Act provides for the Court to which petition under this Act shall be presented. Every petition under the Act shall be filed with the District Court( family courts) within the local limits of whose ordinary civil jurisdiction:

The Marriage was solemnized, or

The respondent at the time of the presentation of the petition resides, or

The parties to the marriage last resided together, or

In case wife is the petitioner, where she is residing on the date of presentation of the suit, or

The petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years.

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

YES YOU CERTAINLY CAN FILE IT IN THE NE in case you both lived together.

Swarupananda Neogi
Advocate, Kolkata
2911 Answers
6 Consultations

4.7 on 5.0

I have come across many cases like this. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation.

Every petition according to Hindu Marriage Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction –

(i) The marriage was solemnized, or

(ii) The respondent, at the time of the presentation of the petition, resides, or

(iii) The parties to the marriage last resided together.

It is also important to consider the meaning of resides for the purpose of territorial jurisdiction. Indian Courts have time and again ruled that to entertain a Divorce Petition, the residence needs to be a permanent one. Casual visits made by a party to a place cannot be regarded as permanent or even temporary residence. The occasional stay in the premises jointly for a day or for a temporary period cannot satisfy the requirement of the residence.

The correct legal meaning of last resided together too would have to be considered. There must be intention of both the parties to reside together at particular place for some length of time, even though the actual time spent over there might be short.

You should file a case in Amritsar.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
304 Answers
4 Consultations

4.0 on 5.0

You cannot file at North East.

Sec 19 of the Hindu Marriage Act specifies the Courts in which cases can be filed as follows:-9 Court to which petition shall be presented. —Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—

(i) the marriage was solemnised, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

41 [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

As you can see, You can either file in Amritsar or at Mumbai or at the place where your wife is presently residing.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

According to Section 19 of the HMA: "Court to which petition shall be presented are as follows:

Every petition under the HM Act shall be presented to the District Court within the local

limits of whose ordinary original civil jurisdiction:

(i) the marriage was solemnized (IN YOUR CASE IT'S AMRITSAR), or

(ii) the respondent, at the time of the presentation of the petition, resides (CANNOT BE TRACKED FROM YOUR POST , because you didn't mention where your wife is currently residing), or

(iii) the parties to the marriage last resided together (IN YOUR CASE IT'S MUMBAI), or

(iv) the petitioner is residing at the time of the presentation of the petition (IN YOUR CASE IT IS NORT EAST). PLEASE NOTE, THIS PART WILL COME TO ACTION IF EITHER the respondent is at that time, residing outside the territories to which

this Act extends (PLEASE NOTE, the HMA "extends to the whole of India except the State of Jammu and Kashmir, and

applies also to Hindus domiciled in the territories to which this Act extends who are

outside the said territories") , OR the respondent has not been heard of as being alive for a period of seven

years or more by those persons who would naturally have heard of him if he were

alive."

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

The court for juridiction could be either Amritsar at Bombay where the marriage is solemnized or where both of you lived together.

Vimlesh Prasad Mishra
Advocate, Lucknow
6802 Answers
23 Consultations

4.9 on 5.0

1. You can file divorce suit at the Court having jurisdiction on the place where your marriage was solemnised, where you last resided together or where she is presently residing.

2. She can file a petition before the Supreme Court to get your case transferred to the Court of her present place in case you file it at any other two places stated above.

3. So, it will be prudent on your part to file the divorce suit at the place where she is now residing to get the case disposed off within shorter period of time without wasting time in getting the case transferred to other Court.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

1. You can file the case at any of the three places as advised in my earlier post.

2. However, you have also been advised to file the case at he Court having jurisdiction on the place she is currently staying to save time for early disposal of the case.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

You can file a case in NE only in case your wife last resided with you here in NE.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

You can file this case either in Amritsar or in Mumbai.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

You may file the divorce petition against your wife on the ground of cruelity and desertion either at the place where the marriage was performed or where you last lived as husband and wife.

Vijay Kumar Garg
Advocate, Mohali
17 Answers

4.0 on 5.0

Dear Sir,

My answers are as follows:

Q.I am serving in Army and presently posted in North - East part of India. I have some irreparable issues with my wife. i want to take divorce. i belong to Punjab. i want to ask that, "can i file a case for divorce from my wife at my place of duty i.e. in North East.

Ans: Yes, you can file anywhere in India. If your wife disputes then she has to approach the Supreme Court for transfer of case from one state to another state.

Q. If yes then what would be appellate court in this case.

Ans: The appeal lies to one the following three High Courts.

3 new High Courts for NE

Meghalaya, Manipur and Tripura to get the facility

The Centre has constituted three new High Courts in the northeast — Meghalaya, Manipur and Tripura — taking the total number of High Courts in the country from 21 to 24.

According to Law Ministry sources, the strength of judges in each High Court will be as follows: Tripura 4 (including the Chief Justice), and Meghalaya and Manipur: three each (including the Chief Justice).

As per the recommendations of the Supreme Court collegium, Justice T. Meenakumari, judge of the Patna High Court, who hails from Andhra Pradesh, is being elevated as Chief Justice of Meghalaya. Justice Deepak Gupta, who hails from Himachal Pradesh, is being elevated as Chief Justice of Tripura, and Justice Abhay Manohar Sapre, judge of the Chhattisgarh High Court, is being appointed CJ of Manipur.

The sources said recommendations had been received for the transfer of Justice Rajesh Kumar Agrawal, judge of the Allahabad High Court to the Madras High Court. Once transferred, he would become acting Chief Justice by virtue of his seniority, said the sources. Justice S. Nagappan, judge of the Madras High Court, is being elevated as Chief Justice of the Orissa High Court and Justice D.H. Waghela, judge of the Gujarat High Court, is being appointed Chief Justice of the Karnataka High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
5700 Answers
258 Consultations

4.8 on 5.0

You can not file divorce case at North East because there are some rules and conditions under Hindu Marriage Act ie

1.Divorce can file where opposite party is reside

2. Place where marriage was solemnised

3.last place of residence where both party lived together.

Therefore you can not file divorce case at north east India.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

You can file divorce case in the place of marriage or in the place where both last resided together or the place where she currently resides.

You may check that if your current place falls within any three of the above.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

There are no possibilities to file the proposed divorce case in North East.

Don't be under any misguidance on this.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Yes you can file the petition either in Amritsar or Mumbai or where your wife is residing right now.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Generally divorce is filed where you got married or had matrimonial life. You need to file it in Punjab

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

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