Advocate K.P.Satish Kumar M.L.
At the following places any person
can file a divorce petition on the basis of mutual consent, given by the both
spouses.
1. The place of marriage:-
A person can file a mutual consent divorce petition at the place of marriage. Where marriage took place? In Chennai District it automatically falls under the jurisdiction of the Chennai Family Court. In case of Hindus who married as per the Hindu rites and customs in Chennai District they can file mutual consent divorce before the Chennai family court. In case of Christians who married at Chennai, can also file at Chennai Family Court for mutual consent petition.
Previously for the Christians, all the divorce matters between them was decided by the High Court under their original jurisdiction. But later on, after establishing the Family Court Acts and the establishment of the Family Court at various places. Chennai also get Family Court to decide the matrimonial problems. So the power of the Deciding the mutual consent divorce was transferred from the Honourable High Court of Judicature at Madras to the Honourable Family Court at Chennai.
2. Muslims Consent Divorce for Muslims:-
There is no specific provision for Mutual consent divorce petition. There is no law passed by the Parliament of India, and by any state legislature, they are following the Personal Shariat Law. Personal Shariat Law for Muslims provided Mubarat. Mubaarat means of Mutual consent divorce. Where both the parties and their families and the elders, and the Jammat can jointly took a common decision. That by breaking the contract of marriage on the consent of Both husband and wife, they can enter into a deed of Mubarat, which is mutual consent divorce for the Muslims. After recording the Mubarat deed and executing it, the parties can approach the Chennai Family Court. They can seek to declare
the Maubarat deed as vaild. So in this way, The Muslims can also get Mutual consent divorce as per the the Muslim Personal law.
3. The place of the petitioners residence.
When the husband or the wife resides within the Chennai District then the jurisdiction will come under the Court Jurisdiction when it falls under the Chennai Collectorate and within the City Civil Court jurisdiction of the Chennai Then they can file the mutual consent Petition before the Family Court at Chennai.
On the basis of their residence, When Petitioner has lastly resided. When a husband and wife jointly resided before their separation, at Chennai District then they can file. mutual consent petition before the Family Court, on the basis of Lastly resided Place. And the same applies to the Christians where their marriage held in any place at Chennai.
4. Places where Marriage took place:- If a Hindu marriage held at any temples within the
Chennai District can file a mutual consent petition in Chennai. For Hindus who
are Celebrating and conducting and performing all the ceremonies of the
marriages, in Kalyana Mandapam or the Marriage hall, or any party hall or in
Hotels, which consist the facility to conduct a marriage, then that place is
the Place of jurisdiction for the mutual consent divorce.
