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Can divorce be filed in a different city from where the couple last resided? What are the rules of jurisdiction?

Posted by jobseeker Daksha Aggarwal | Approved
Answers (1)

Yes, but jurisdictional rules under Indian matrimonial laws must be followed. The Family Court or District Court where the case is filed must have legal authority (territorial jurisdiction) over the matter. Under Section 19 of the Hindu Marriage Act, 1955, a divorce petition can be filed at any of the following places:
a) Where the marriage was solemnized – i.e., the city or town where the marriage ceremony took place.
b) Where the husband and wife last resided together – this is often the most relevant place because it is considered the matrimonial home.
c) Where the wife is currently residing – this option is especially important in cases where the wife has moved to a different city after separation. The law allows her to file from her current residence for her convenience and safety.
d) Where the respondent (other spouse) currently resides – applicable in cases where the filing party chooses to file in the respondent’s location.

For example: If a couple got married in Delhi, lived together in Jaipur, and later the wife moved to Lucknow, she can file for divorce in Lucknow (current residence), Jaipur (last lived together), or Delhi (marriage place).
So yes, divorce can be filed in a different city, but only if one of the legally accepted jurisdictional conditions is satisfied.

Answered by jobseeker JYOTI MEENA | Approved

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