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anonymous   22 January 2024

Right location to file a divorce petition.

Scenario:

Wife is from location A and husband from location B. Marriage was solemnized at Location A. Husband has private job at location C. Wife has never accompanied to location C with husband and staying at location B.

Due to fighting behavior of wife, husband want to file divorce petition under cruelty. Due to fights, mother of husband has left her own house at location B and moved to rental property. After three months, husband also left the house (location B) and moved to location C where he has private Job and occasionally coming at location B. Now been 13 months, wife is staying alone (at location B) at matrimonial house with pride.

Mother of husband has filed a court case to vacant the house from husband and wife (at location B) as mother is sole owner of the house. In return, wife as filed a court case against mother and husband for permanent injunction (banning for not to come at home at location B) which a mother of husband is owner.

Both the court cases are in progress.

Question1 : Husband want to file a divorce case, can he go to location A (wife's parents location) to file a petition?

Question 2: If yes, then is there any possibility that wife can get the court case transferred from Location A to Location B i.e at matrimonial location?

Question 3: Can husband file a divorce petition at Location C as well?

Thanks in advance.

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     22 January 2024

A divorce case can be filed at place of marriage or at place where both lastly resided together or at the place where the wife is currently residing.

Dr. J C Vashista (Advocate )     23 January 2024

Q 1 The petition can be filed by husband:

Where the marriage was solemined i.e., A 

Or

Where the couple resided togather; B

or 

Where wife is presently residing. ???

Q 2 Yes, wife may get it transferred.

Q 3 No.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 January 2024

Excellent answers by experts


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