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Author Topic: Divorce Opinion  (Read 186 times)

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Offline SRK

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Divorce Opinion
« on: November 05, 2016, 05:30:55 AM »
Hello Friends, I got married this year (2016) in Orissa but my marriage got registered in Mumbai. In last 1 year, my spouse has not stayed with me and there has been ever increasing issues between us. It has come to a stage that we won't be able to stay together anymore in future. She has hardly stayed with me for 20-25 days. My spouse is working and currently in US. I am now looking for legal opinion around separation. Can you please guide me on various options i have around separation like
1. Can i plead in Mumbai court (my marriage got registered in Mumbai)
2. If my spouse refuses to come back to India or refuses to stay with me then can i contest for divorce? As i don't see any option for mutual separation until she returns back to India.

Please advise.

Offline advjaibansal

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Re: Divorce Opinion
« Reply #1 on: November 05, 2016, 06:22:47 AM »
You can file for divorce at the place where marriage of solemnised or the place where husband and wife has last resided together. If you have stayed with your wife in bombay then divorce can be filed in bombay.

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jai bansal
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Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline SRK

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Re: Divorce Opinion
« Reply #2 on: November 05, 2016, 07:08:57 AM »
Thank You Mr Bansal.
My situation is bit complex - 20/25 days we stayed together was at different places i.e., 7 days in Mumbai immediately after marriage with my parents. During this period my reception party was organized. Then 5 days in Bangalore and finally 10 days in UK. So i am not sure which jurisdiction applies on me.
« Last Edit: November 05, 2016, 07:10:40 AM by SRK »

Offline Deepti

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Re: Divorce Opinion
« Reply #3 on: November 05, 2016, 10:58:08 PM »
Can my husband file one sided divorce petition?? I got married on 25th April 2016, I am living with my parents now from 16th Aug 2016, as i came here for rakhi festival & after that my in laws denied to keep me in their house. My parents tried two times to settle the matter, but they said we keep her wit us in one condition if u write that u ha vent spent even a single penny on mrg & if something went wrong wit ur daughter u r responsible, my parents said we can't write bcz it's nt legal n it's not true . Now I hAve filed complaint against my in laws in women cell . I Don want to divorce my husband , can he file one sided divorce

Offline adv.amarnath

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Re: Divorce Opinion
« Reply #4 on: November 07, 2016, 10:55:37 AM »
1. Can i plead in Mumbai court (my marriage got registered in Mumbai)
Ans: There is jurisdiction to file divorce case. Yes, if your marriage is solemnized in mumbai you can file divorce case there also.

2. If my spouse refuses to come back to India or refuses to stay with me then can i contest for divorce?
Ans: Your construction of sentence is wrong. If you file divorce case, then summon will be sent to your spouse and it is his wish whether to contest or not

Within the first year of marriage, no divorce case can be filed

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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