An Indian man, who lives in the US, married his wife in Karnal in 2006 according to Hindu customs. They registered their marriage in Karnal and moved to the US after the wedding. They returned to India for short visits, staying with the husband’s parents in Delhi, three times until 2008. In 2010, the husband was transferred to another country for work, but his wife refused to join him and stayed in the US. They’ve been living separately for almost six years. Now, the husband wants to file for divorce, citing desertion and cruelty. Should he file for divorce in Karnal (where they were married) or Delhi (where his parents live and they last resided together)? The wife might not contest the divorce proceedings.

Apni Law
Apni Law
Law Forum › Category: Divorce › An Indian man, who lives in the US, married his wife in Karnal in 2006 according to Hindu customs. They registered their marriage in Karnal and moved to the US after the wedding. They returned to India for short visits, staying with the husband’s parents in Delhi, three times until 2008. In 2010, the husband was transferred to another country for work, but his wife refused to join him and stayed in the US. They’ve been living separately for almost six years. Now, the husband wants to file for divorce, citing desertion and cruelty. Should he file for divorce in Karnal (where they were married) or Delhi (where his parents live and they last resided together)? The wife might not contest the divorce proceedings.
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Apni Law Staff asked 11 months ago

An Indian man, who lives in the US, married his wife in Karnal in 2006 according to Hindu customs. They registered their marriage in Karnal and moved to the US after the wedding. They returned to India for short visits, staying with the husband’s parents in Delhi, three times until 2008. In 2010, the husband was transferred to another country for work, but his wife refused to join him and stayed in the US. They’ve been living separately for almost six years. Now, the husband wants to file for divorce, citing desertion and cruelty. Should he file for divorce in Karnal (where they were married) or Delhi (where his parents live and they last resided together)? The wife might not contest the divorce proceedings.

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Best Answer

Apni Law Staff answered 11 months ago

The husband can file for divorce in either Karnal or Delhi. Karnal is where the marriage was registered, giving it jurisdiction. Delhi is also a valid option as it was their last common residence in India, making it a suitable venue under the Hindu Marriage Act.

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