Legal Question in Family Law in India

Hi,

My husband who lives in USa has filed Divorcee in INdia in Jan2009. I have counterfiled and also for restitution in the same court. The judge is saying that jurisdiction is different. I have filed where my husband has filed for divorcee.

On what basis the jurisdiction is deceided for Restitution of conjugal right. My residence or his residence or the marriage place.


Asked on 11/30/09, 1:09 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You are entitled file any petition claiming relief under HMA in the court where your husband's petition is pending.

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Answered on 11/30/09, 3:53 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you can file the case whereever you want. there is no compulsion for you to file the case at a particular place. it can be filed where you reside.

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Answered on 11/30/09, 5:07 am
Pravin Vaidya Independent

I agree with Shri Rajiv Gupta

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Answered on 12/03/09, 9:47 am


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