Legal Question in Family Law in India
A friend of mine lady 32 years old is trouble her husband has filed divorce petition based on 'last resided together' in delhi where husband is working. They married in Mumbai. Her in-laws stays in Mumbai and they have own flat in Mumbai. Husband told her that he got a job in Mumbai. In between their owned flat was vacant so maintainance work took a week's time. Both of them stayed at her in-laws place. Husband told her that there is an urgent task to finish in Delhi so he cannot attend thread ceremony of her nephew at Nashik. When she came back her in-laws house was closed no one her husband or in-laws was not picking up her phone. She stayed at my place for 2 days and her husband send her divorce notice in which case is filed in Delhi.... can any Guru explain me 'last resided together' section -how much duration is considered here?
2 Answers from Attorneys
she can contest the petition and seek transfer of the same through supreme court on the ground that stay of 2 days does not mean last resided together. the residence should be for a considerable long time.
i agree with Adv Gupta
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