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Saturday, October 20

Where can you file a divorce petition under Hindu Law?



Divorce petition or any petition under Hindu Marriage Act, 1955 can be filed at the following places:

(i)                 Place where marriage took place, or

(ii)               Place where the Respondent [i.e. the person against whom the divorce or other petition is being filed] resides; or

(iii)             Husband and wife last resided together; or 

(iv)        In case the wife is filing the case, where she is residing on the date of presentation of the petition, or

(v)            If Respondent [i.e. the person against whom the divorce or other petition is being filed] is residing outside India or in Jammu & Kashmir, where Petitioner [i.e. the person who is filing the case] resides; or

(vi)             If the Respondent [i.e. the person against whom the divorce petition is being filed] has not been heard being alive for seven years, where Petitioner [i.e. the person who is filing the case] resides.

See Section 19 of Hindu Marriage Act, 1955, which prescribes the jurisdiction for filing case under the Act.