Legal Question in Family Law in India
My marriage were solemnize in dec. 2009.My wife were living separately with her parents in Geeta Colony Delhi from april 2011 and she filed a complaint against me, my brother and my sister in women cell Krishna Nagar Delhi and also she filed divorce petition under cruelty and under 125 CRPC in Ghaziabad with false address to harrase me. Im Living alone in delhi.my brother & sister both are married and living separately.I am not getting any summon from ghaziabad court till today but unofficaial way i get the copy of both the cases.In women cell they compromise and accept to get amount through divorce by mutual consent but suddenly they backout from commitment and tell me to reply the ws in divorce case and said to judge the compromise has done and refer to the matter in Lok adalat and there is no need wait for time bound of court and give us the full payment instead of in two parts through mutual consent.
question is when she is residing in delhi i am residing in delhi then how is possible to get divorce in ghaziabad court? kindly help me out
2 Answers from Attorneys
Your wife could have filed petition where the marriage was solemnised , or where both of you have stayed together as husband and wife or where the wife stays . These are 3 places she could have filed the petition for divorce. Please clarify.
in case she is residing in Delhi and you both never resided in Ghaziabad as husband and wife, the case filed in Ghb falls within the ambit of frivolous litigation. you may move an application before the court for transferring the case to Delhi as the court in Ghaziabad lack jurisdiction to try the cases.
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