Where to file a Divorce Petition in India?

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Q. My residence is in Chennai whereas the registration of the marriage was concluded in Lucknow. Now I want to file a divorce petition. Can it be filed in Chennai or Lucknow?

The Hindu Marriage Act 1955 states about divorce petition applicable to all the Hindus and it does not apply to any non-Hindu. When you have made up your mind for divorce and sure you should have gone through a long phase of emotional turmoil and so filing for divorce.  Divorce petition can be in the place where you lastly lived together as husband and wife, place where you reside or where marriage took place and registered where you reside in case your husband’s whereabouts are not know for a period of 7 years or more. The wife can also file the petition in the place where she is residing on the date of filing the petition.The local family court will have jurisdiction to grant the divorce. Court usually grants 6 months’ time after filing application and after 6 months a date is given and divorce is granted by the appropriate court and a decree can be obtained. In these cases Smt. Neelam Singh vs VijayaNaram Singh on (13 January, 1995), Ajit Kumar Bhunia vs Sm. KananBalaDeyi on (4 January, 1960) court quotes Section 19 of the Hindu Marriage Act 1955.

Under section 19 of the Hindu Marriage Act 1955 Court states that every petition for divorce can be filed before a District Court within the local limits of whose original civil jurisdiction the marriage took place, respondent at the time of presenting the petition resides, or the parties last resided together or where petitioner is residing while presenting the petition but respondent resides outside the territory to which the act extends.

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Main grounds on which divorce can be filed commonly are adultery, desertion, cruelty, incurable diseases and insanity, impotency. While filing for divorce following documents photocopies are to be submitted to your lawyer.  Last 2 years Income Tax statement, your professional details and remuneration, birth certificate and family information, property or asset details that you own.  Details of your marriage like how and when and where you got married and what was the problem that has lead you to a break up of your marital relationship are to be given.

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by Sushma Javare.