Both you and your spouse can file a case to the Family Court. There are separate courts known as family courts which deal with divorce cases. You can approach a family court in the following areas:
Your Place of Marriage
Either you and your spouse can file for divorce in the Court of the area where your marriage ceremony took place, i.e, where your marriage was solemnized.
For example, if you and your spouse got married in Mumbai, then you can file a case at the Family Court in Mumbai.
Your Spouse’s Residence
You can file a case in the Court of the area where your spouse resides. For example, if you are filing a case against your wife who lives in New Delhi, then you can file a case in the Family Court in Delhi.
Your Last Place of Residence Together
Either you and your spouse can file for divorce in the Court of the area where you both last lived together. For example, if you and your spouse last lived together in Delhi, then either of you have the option of approaching the Family Court in New Delhi.
Your Place of Residence
If you are filing a divorce case against your husband, then you can go to the Court in the area where you are residing.
For example, if you are living in Bengaluru, you can file a case against your husband in the Family Court of Bengaluru even if your husband is not living there.
If your spouse has gone abroad you can file it in your place of residence.
However, please consult your lawyer while filing the case in Court.0