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Krishan Gupta (n/a)     15 November 2011

Where can a husband file divorce?

Hi All,

I got married in Pune but after marriage we both stayed in Hyderabad.

My wife belongs to Pune.

My query is if I file a  divorce case in Hyderabad Nampally civil court can my wife transfer that case to her present residence place (i.e. at present Pune).



Learning

 16 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     15 November 2011

Dear Querist,

 

She can always prefer filing a transfer petition seeking transfer of divorce suit filed by you in Hbd to her own place in Pune. Whether the same would be entertained by the Hon'ble Supreme Court is something of later stage matter and the same would be decided on merits depnding upon facts presented and arguments put forth.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Shailesh Kumar Shah (Advocate)     15 November 2011

rightly stated.


(Guest)

You please file Divorce petition in Hyderabad..and know that it will be transferred to Pune...in case of Matrimonia/Civil matters the case is generally transferred to the place where the wife resides...very rarely it is not transferred...

You file the petition and let her run to supreme court and shell out money...on lawyers...

If I were in your place, I would not contest and let the case be transferred...because anyways it will be transferred

What I would do is...hire a very very good lawyer and contest the case (whether at pune or hyderabad)with great care...these petitions will generally take 2-3 years for disposal...as the case proceeds..and the case gradually starts going in your favor...the scenario may change..and there will be a chance that the other party may come to you for a compromise..

Please take others opinions also...

Ranbir

1 Like

Dharmesh Manjeshwar (Advocate/Lawyer)     15 November 2011

Yes I agree with Ranbir ........... let ur wife go through all the troubles .....


(Guest)

Thanks a lot for replies.

Then How the advocate of Hyderabad can fight my case in Pune?

Dr J C Vashista (Advocate)     15 November 2011

You can file in Hydrabad only which can be transferred to Pune


(Guest)

You have to hire a lawyer in pune...but you shold hire a reliable lawyer because there are chances that they might be bought out by the other side for money..

Be very carefull

1 Like

Aishwarya (Teacher)     15 November 2011

right advice given by ranbir ji


(Guest)

Thanks Ranbir Ji.


(Guest)

Krishan ji, 

Pehle achichi tarah divorce to file karo..time lo...aaram se file karo..let her receive the summon and file a transfer petition...abhi bhot der hai..aaram se kaam kijiye..

Ranbir

1 Like

(Guest)

Ranbir Ji,

Let me get some good lawyer in Hyderabad to file the case.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     16 November 2011

Krishna,

YES she can get it trf to Pune 100%

J= Where wife resides.

[Hindu Marriage Act , 1956  CH V, Sec 19(ii) read with (iii-a) ]

in ur case only Pune, unless she dn't chellenge Juris. yes, she have to move  SC & spend, and it delay ur divorce. she loose money, u loose time. both are loser , and over all, why u shd  think -ve?? 

In one of my case, Hus insisted me to file Div Pet in Mumbai, though I knew& informed my client , she will manage to get it tfr to Tirupati, He was happy finding his in laws 2-3 times trv  from Tirupati to Mumbai, and she recd order from SC trf to Tirupati. OK, but lost 1 year, and then she demanded few Peti more for compromies, he had to pay, He cannot leave Mumbai & go Tirupati Often .  Tell me who gain, who lost??THINK OVER.

"Of Cousse I gain my Fees, or he wd have paif Tirupati Lawyer??" Delay tactics &negative thinking starts Family problem, and again loose his own money, children, social life, image, time, money, life of wife tarnished , ( after all one woman) disturbs ur 20 close blood relations for yrs. H have to pay mtn pendentelite for  longer period, Compromise money, residence . so THINK OVER  What u want, Manage ur problem setting ur goal first, and managemt  by Objectives, MBO , buy peace FAST.  Then Relax & Enjoy, Let ur family member be in peace, especially ur mom. Sorry I m too long, but thats i did w/o lawyer & won my case, became a sr lawyer, mastering in Fly Laws at Bom Uni, while fighting in court. She was -ve thinker, but on long term I gain!! Today she suffer, she started battle, now wounded!! I won with +ve thinking, . . 

2 Like

(Guest)

I travel 2500 Kms to contest my 498A (Transferred from my place to her place) and I am contesting it..still contesting it..sometimes it is hard..but if you want to win, you have to do it. I will compromise, but let her compromise also...then we will come to a settlement.

I have never denied payment to her..I offered a very good amount....a quite good amount...but the her father wants to buy a Porshce 911 Targa 4S with my money so I am holding and fighting...

For Krishna it is just a civil matter and he need not travel all the time, rather he can be in all the hearings represeneted  by his counsel, only thing is that his cousnel should be a little reliable.

For me there is no choice but to travel. 

So Krishna, file divorce and contest it there...bring them to your terms and then if you wish you can go for a compromise.

Ranbir

1 Like

(Guest)

I going to file the case in Hyderabad at present.


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