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Author Topic: Jurisdiction queries about filing a petition of Divorce  (Read 121 times)

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Offline GSK

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Jurisdiction queries about filing a petition of Divorce
« on: November 23, 2016, 09:12:18 AM »
Hello Team

I really need help as I have been suffering emotional trauma due to my wife. I got married in 2013 and within first 2 months, it became clear that she is not interested in the relationship. However, I tried a lot to make things work. She extracted a lot of money from me and then fled to Australia just in one year. I have filed a petition against her. Now the confusion has popped up as the court says it does not fall under their jurisdiction. Can you please help me?

I am working in Gurgaon but I belong to Ludhiana and all my permanent residence proofs are of Ludhiana. I filed a petition in Ludhiana District Court. But not sure if court is making fool of me as they say that it does not fall under their jurisdiction.
MY marriage happened in Delhi. My wife is not in INdia and I am working in Gurgaon and staying on rent. I was staying with my wife in Gurgaon.

Can you please help me here?

Thanks
GS

Offline adv.amarnath

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Re: Jurisdiction queries about filing a petition of Divorce
« Reply #1 on: November 23, 2016, 11:09:05 AM »
I think court is not making you fool. Either your lawyer is lack of knowledge of matrimonial laws or he is making you fool. Matrimonial case can be filed within following jurisdiction..... Last matrimonial home, respondent's present address, place of solemnisation. Either of with cogent prove in treaky manner.


You can contact me for further clarifications and consultation in details.
Regards,

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

Offline GSK

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Re: Jurisdiction queries about filing a petition of Divorce
« Reply #2 on: November 25, 2016, 07:06:09 AM »
Thank you so much Sir for your prompt reply! Really appreciate it.

This means the case needs to be transferred to the district court where I got married or where we stayed together last time.
So if the case will get transferred/withdrawn from Ludhiana court to Gurgaon court, will the 6 month period and hearings what have happened will be considered or we will have to start from scratch with a new advocate??


Offline adv.amarnath

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Re: Jurisdiction queries about filing a petition of Divorce
« Reply #3 on: November 25, 2016, 11:44:47 AM »
Case will be started afresh in both ways....if you withdrawn your case or transfer your case.... I would suggest to withdraw the same and file afresh. As I can apprehend that present lawyer has not drafted well your instant case with key points.

You can contact me for further consultation in details and/ or clarification
Regards,

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

Offline GSK

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Re: Jurisdiction queries about filing a petition of Divorce
« Reply #4 on: November 27, 2016, 11:51:56 PM »
Sir, I would like to have a telephonic conversation with you. What time is suitable for discussion?

Offline advjaibansal

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Re: Jurisdiction queries about filing a petition of Divorce
« Reply #5 on: November 28, 2016, 05:00:03 AM »
Dear Sir,

Divorce Petition can be filed at the place of marriage or at the place of the residence of wife or at the place where husband and wife last resided together.

In your case the case can be filed at Delhi or Gurgoan if you have not stayed with your wife at Ludhiyana. Simply withdraw the petition and get it filed at Delhi or Gurgoan. Please withdraw with liberty to file it a fresh.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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