See if you and your wife last resided together at noida then you have to file divorce there or place where your marriage took place or at place where wife is staying.
Filing of divorce
Hi, i was married 4.5 years back.I want to file a divorce case against my wife. my permanent address is in delhi malviya nagar but for last 1.5 years i ve been living in noida on rent with my family. When we shifted to noida my wife stayed here for a month only, and then went back to her family in bulandshahr, since than she kept asking me to get separate from my parents. Recently i went to visit her and brought my daughter with me to my house. She made a false complaint of kidnapping of our daughter, and came to my house with police in night 2.30, they arrested me and kept me in thana. the next day she agreed to take the case back and i was released by police. As she has has been harrasing me for last 1.5 yrs, i want file divorce case against her. My question is , can i file the case from delhi as there is our permanant house(which we have rented-out to some students). And before 1.5 yrs she also lived there only with me and my family.
Asked 6 years ago in Family Law
Religion: Hindu
21 Answers
You can file where you resided after your marriage.
Divorce can be file where couple last resided together/where marriage is solemnized etc. Filling false case and forcing husband to stay away from paretns, valid ground for divorce.
no case of kidnapping can be filed against husband of his daughter as he is the natural guardian of child
2) you can file for divorce where in your marriage was solemnised or where you stayed together after marriage or where your wife is residing
Case can be filed from Delhi if both the spouses resided together in the house in Delhi at any point of time.
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.
Yes, you can file from delhi
You can file at either location convenient to you.
But advisable to take other necessary step ie RCR, do discuss with any lawyer or feep free to connect
Sir at the time of marriage i used to live in malviya nagar, Delhi(which is my parent's own house,and our permanent address since childhood). And we resided there for 3 yrs after marriaage. But, now we have rented-out that house. And living in noida on rent for last 1.5 yrs, she also stayed here for one month. As, for now i m not living in delhi, can i still file from delhi saket court? The marriage function/ceremony took place in bulandshahr(as baraat went there from delhi)
Asked 6 years ago
Than only Noida as if you will say last resided in Delhi, she will object for jurisdiction. Have to file in NOIDA.
In that case, case cannot be filed from Delhi as you do not have any current address of Delhi.
In order to file a case from Delhi, you will have to rent out another place in Delhi to show it as your current residence.
you can file for divorce in bulandshar or in Delhi where you resided with wife after marriage
Jurisdiction lies in delhi aa you both lived there in past,
Then you can also file it at noida being the last residing address with her
Dear Client
Here You need to under stand Section 19 of Hindu Marriage Act which deals with territorial Jurisdiction of case file under this act.
The section states that 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
(iii) the parties to the marriage last resided together, or
(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.
Now i will tell you the court where you can file a petition of Divorce
according to clause (i) of section 19 you can file Divorce petition in Bulandshahr
or Clause (ii) of section 19 you can file divorce in Bulandshahr because Your wife(Respondent) is residing there
or Clause (iii) of Section 19 you can file Divorce in Noida where you last resides together as husband and wife
So you cannot file divorce in Delhi court as per section 19 of HMA but if you can prove that your wife resides in Noida only for few days and you last resides in Delhi as Husband and wife you can file Divorce case in Delhi Court.
See she can object on ground of jurisdiction so better to file at Noida or Bulandshahr.
The divorce petition can be filed where the marriage was solemnized or where the wife lives or where the couple last resided together. File accordingly.
Regards
1. Police action against you was illegal as a parent cannot be prosecuted for the kidnapping of his child. This is settled law.
2. A divorce petition can be filed where the marriage was either solemnised or where the couple last resided together.
you can file a petition for the divorce in noida Or you can file from where marriage took place.
police cannot have rights to arrest you in kidnapping case, you are the biological father of your daughter.
you can file for divorce in Delhi where you resided with wife after marriage.
You can file a divorce case in the place where your marriage took place or the place where you both last resided together or in the place where she is currently residing.
In that case you can file it in NOIDA
You can file it in NOIDA or the place where she is currently residing and not in Delhi.
- As per the information mentioned in the present query, makes it clear that she had filed false case against you and that is when you brought your daughter to your house.
- Yes, you should file divorce petition as asking the son to leave his parents, amounts to cruelty on the husband, but make sure that you have some good evidence to support your ground of cruelty as she would say that this is the counter blast on you in lieu of the police complaint made by her.
- As per the provision of CPC you can file it from a place where you have been residing irrespective for the fact as to where the marriage was happened or girl first resided.
- You should start living in Delhi for few months till the time you file the petition in the Saket Court (it is too close to my residence also) thereafter you can again shift in Noida and if she objects to the Jurisdiction then you can take the plea of the parents residence over in Noida.
- Though you can file it otherwise also from Delhi, but the problem is that the house is on rent and she might take the same to get the matter dismissed on the wrong jurisdiction.