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Step by Step Guide for Filing Place of Mutual consent Divorce
At the following places, any person can file a divorce petition based on mutual consent, by both spouses.
1. The place of marriage:-
A person can file a mutual consent divorce petition at the place of marriage. Where marriage take 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 a mutual consent divorce before the Chennai Family Court. In case of Christians who married in Chennai, they can also file at Chennai Family Court for mutual consent petition.
Previously, for Christians, all the divorce matters between them were decided by the High Court under its original jurisdiction. But later on, after establishing the Family Court Acts and the establishment of the Family Court at various places. Chennai also got a Family Court to decide the matrimonial problems. So the power of deciding 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 a mutual consent divorce petition. There is no law passed by the Parliament of India or by any state legislature; they are following the Personal Shariat Law. Personal Shariat Law for Muslims provides Mubarat. Mubarat means of Mutual consent divorce. Where both the parties, their families and the elders, and the Jammat can jointly take 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 Mubarat deed as valid. So in this way, the Muslims can also get a mutual consent divorce as per the Muslim Personal Law.
3. The place of the petitioner's 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 Chennai. Then they can file the mutual consent Petition before the Family Court at Chennai.
Based on their residence, when the petitioner has last resided. When a husband and wife jointly resided before their separation, in Chennai District, then they can file. mutual consent petition before the Family Court, based on Lastly resided Place. And the same applies to Christians where their marriage was held in any place in Chennai.
4. Places where Marriage took place:- If a Hindu marriage is held at any temple within the Chennai District can file a mutual consent petition in Chennai. For Hindus who are celebrating, conducting and performing all the ceremonies of the marriage in a Kalyana Mandapam or a marriage hall, or any party hall or in Hotels, which have the facility to conduct a marriage, then that place is the Place of jurisdiction for the mutual consent divorce.