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Divorce

(Querist) 01 November 2010 This query is : Resolved 
Dear Sir,
Thanks for all the answers given by experts. My next query is .. I amworking in Salem ( TN ) for the last 2 years and I have filed a divorce in Salem FC. My wife is from Kannur ( Kerala ) . I filed the case in May 2010. She left my house in Feb-2010 and then in the mnth of May i filed the divorce. They eventually filed a 498-A, MC in my name in Kannur in the month of June 2010. The FIR was completely fabricated. Now what has happened is they have approached the Supreme court in Madras for a stay and transfer of case to Kerala.. The Salem FC is waiting for the order mean while the case has been posted on Dec-23. Now could you please suggest me if I could ask in for a stay order since working in Salem and the kind of resposibility I am having is huge. The next thing is they have attended the hearing only once in salem court.. but i have been going to kannur for all my cases.. expecting an answer from the experts.. They are actually playing with my life and asking huge kind of money from me to sign the divorce ( 18 Lacs ).. pls suggest...
Devajyoti Barman (Expert) 01 November 2010
Your query is not clear.There is no supreme court in Madras.
Where from you want stay order? Clarify it first.
Another thing your divorce case does not seem to be maintainable if you have filed it within 1 year from the date she left you.
Manoj Warrier (Querist) 01 November 2010
I am sorry sir, high court Chennai ... From salem can i issue a stay order since i am working here. Seconds thing is i dint understand the ........ divorce case does not seem to be maintainable if you have filed it within 1 year from the date she left you. ( Can you please be more specific ) sir.
Arun Kumar Bhagat (Expert) 01 November 2010
You have to attend in Supreme Court in transfer petition and agitate your diffculties. When a matter is pending in Higher Court, then the lower court generally wait for its outcome.
Devajyoti Barman (Expert) 01 November 2010
You can not file divorce case if not more than 1 year time has passed from the date of separation.
s.subramanian (Expert) 01 November 2010
I agree with Mr.Arun.
pawan sharma (Expert) 01 November 2010
i have same view .
Manoj Warrier (Querist) 01 November 2010
Thankx once again all you experts.
Regards
Manoj Warrier
Salem
Khaleel Ahmed Mohammed (Expert) 07 November 2010
I agree.


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