Jurisdiction for filing of divorce petion by wife
ashoksrivastava
(Querist) 22 June 2012
This query is : Resolved
dear sir, my wife had filed 498a and 406 case at pune in jan2012 under156(3). police investigations are not yet complete. meanwhile she has filed divorce petition at pune in april2012.marriage has been solemnized at bhopal in 98 where we have been living together since marriage till jan 2012 when my wife left for pune to reside with her parents. does pune family court have jurisdiction over this case pl. help. I have filed a rcr petion at bhopal in march2012.however they have managed to return rcr summons underpretext of wrong address.
Adv.R.P.Chugh
(Expert) 22 June 2012
1. If your wife is residing there at Pune currently, then Pune Court has the jurisdiction as per a special provision in HMA.
2. In all probability they would try getting your RCR also transferred to Pune to cause you harassment through the SC, file a caveat in SC to guard against ex-parte ad interim stay of your Bhopal Case.
3. They are evading service for RCR by managing the service, send again - apply for substituted service to the court.
Feel free to talk !
ashoksrivastava
(Querist) 22 June 2012
sir,thetrialfor498a casehas not yet started.How does filing of divorce by my wife before start of trial affect the case
Guest
(Expert) 22 June 2012
Jurisdiction lies concurrently with the Pune and Bhopal court. There is no relation of 498A with the divorce case. Both operate in diverse fields.
ajay sethi
(Expert) 22 June 2012
as advised by experts although you may have been married in bhopal at present your wife is staying in Pune with her family . hence case can be filed in Pune .
your wife is at liberty to file for divorce in addition to complaint under 498 A . contact local lawyer in pune immediatedly
ashoksrivastava
(Querist) 22 June 2012
sir does that mean that wife can start residing at any place for few days or months and file divorce petion there. Is there any time limit of residence or valid reason for it at new place other than matrimonial home or place of marriage? In 2003amendment of section 19 oof hma 55?
Shonee Kapoor
(Expert) 22 June 2012
Not for few days.
There is a difference between Temporary residence and Transient Residence.
Pune court would have jurisdiction.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ashoksrivastava
(Querist) 22 June 2012
sir divorce summons have not yet been served on me though petion has been filed If I transfer my money to my relatives or spend it in anywhichway then will my wife have any claim over it ? or will that money be considered while deciding alimony to wife
ashoksrivastava
(Querist) 23 June 2012
kindlyhelp in last part of my question.
V R SHROFF
(Expert) 23 June 2012
pune family court have jurisdiction over this case ( to return rcr summons underpretext of wrong address is immaterial).
Wife's residence at the time of filing Petition is Jurid
ashoksrivastava
(Querist) 23 June 2012
thanks but I was asking about moneytransfer and its impact on maimtenanca/alimony under section24
ajay sethi
(Expert) 23 June 2012
even if you tarnsfer money to your relatives she will say that you are earning X amount and should pay maintenance . you may be called upon to produce your income tax returns. transferring funds may not help you
ashoksrivastava
(Querist) 23 June 2012
doesn't maintenance/alimony also depend upon bank balance of husband besides his salary? so if the money is spent/gifted before serving of divorce summons then only salary should be the consideration while decidingmaintenance/alimony. so this must change the outcome of amount granted?
pl. advice
