Answer:
The proper court to file a divorce case in Delhi is determined primarily on the basis of territorial jurisdiction and the law applicable to the marriage. In the case of Hindu marriage, under Section 19 of the Hindu Marriage Act, 1955 multiple venues are provided for filing a matrimonial petition.
A divorce petition can typically be filed before the proper Family Court or District Court within whose local jurisdiction:
The marriage was solemnised
The respondent currently resides
The husband and wife last resided together
The wife currently resides, if she is the petitioner
In certain circumstances, the present residence of the petitioner may also become a venue where the respondent is not within the territory of the Act or is not heard of as being alive for seven years or more.
Delhi has Family Courts in its various judicial districts so stating a place of residence as “Delhi” will not suffice. The specific address, place of marriage and last matrimonial residence should be verified before selecting a court. Delhi District Courts also verify the presence of Family Courts in all Districts in Delhi.
Jurisdictional challenges may be raised, leading to delays or transfer problems if the case is filed in the wrong jurisdiction.
Clients who require a meticulous evaluation of jurisdiction prior to filing a divorce petition can find a strong matrimonial lawyer in Delhi/NCR in Advocate BK Singh. He deals with divorce, maintenance, child custody, domestic violence, mediation and other family court issues. A case-driven strategy can help to identify the right court, go over jurisdictional facts, organise the documents and prevent avoidable filing mistakes from the outset.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
