Answer:
Divorce petitions are generally filed in Family Court if a Family Court has been established in your city for the area. Family Court adjudicates matrimonial disputes including divorce, judicial separation, restitution of conjugal rights, maintenance, child custody, guardianship and other family affairs. Section 7 of Family Courts Act, 1984 provides Family Court jurisdiction over all suits and proceedings which under any law relate to: - matrimonial relief; legitimacy, maintenance, guardianship, custody and access of minor children.
If no Family Court has been set up separately, divorce petitions are generally filed before the District Court or court having jurisdiction to hear matrimonial cases under the applicable personal law. The place of filing for divorce depends on the religion or personal law of parties, place of marriage, where the spouses last lived together, where the respondent reside and in case of wife filing petition even where she is residing at time of filing. As per Section 19 Hindu Marriage Act, petition for divorce can be filed before the District Court which has local jurisdiction where Marriage was solemnised, where the respondent resides, where the parties last lived together, or in cases where wife is filing petition, where she is residing at the time of filing divorce petition.
Let me explain this to you in simple words. Suppose your city has a Family Court; your divorce petition will go to Family Court of that city. But if Family Court is not available for your city, then your divorce case may be filed either in District Court or in a civil court which is notified to take up matrimonial matters. Mutually filed divorce cases (or contested), maintenance, child custody and allied applications would go to the same matrimonial jurisdiction, however criminal complaints such as 498A or Domestic Violence case may be filed in separate courts seeking different relief.
Filing the divorce petition in wrong court can lead to unnecessary delays, objections by other side, return of petition or even transfer requests. Jurisdiction should be checked with care before filing the case especially if parties live in different cities, marriage was performed in different state, wife has moved back to her parental residence, or if there are already multiple cases pending between parties.
HOW CAN ADVOCATE BK SINGH HELP YOU
Advocate BK Singh can help you determine the proper place to file divorce petition in India by determining the place of marriage, place where spouses last lived together, current residence of husband and wife, personal law applicable to your marriage, any cases already pending and the urgency for relief. He will help you understand whether your divorce case is to be filed in Family Court, District Court or any other competent court.
If you wish to file for mutual divorce, Advocate BK Singh can help draft your divorce petition, terms of settlement, alimony payments, child custody terms, return of jewelry and articles and terms for withdrawal of the case before it is filed in the appropriate court. In a contested divorce case, Advocate BK Singh can assist you draft the divorce petition or write statement, organise your evidence, prepare required facts for jurisdiction and handle all allied matters such as divorce from wife’s side, filing for maintenance, Domestic Violence case, 498A criminal complaint, child custody and mediation.
You should not file a divorce case in India in the nearest court that comes to your mind. Seek help of a lawyer and ensure that you don’t make a mistake by filing the petition in the wrong court. Learn about jurisdiction first and file the divorce petition along with your reply to save time, money and harassment. Advocate BK Singh will help you prevent filing mistakes, avoid technical objections by opponents and prevent unnecessary delay by preparing a court ready divorce file with correct legal grounds and facts.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
