Divorce

I'm not a lawyer but as far as I know: Q1: it can be filed in their last known place of residence or where marriage took place, but wife can (usually successfully) get it transferred to a court at her residential city. Q2: In my opinion, those can go either way. They could draw sympathy for the wife leading to a favorable judgement, but could also cast a doubt why she doesn't let go someone who does such things to her. Q3. Wife certainly has claim in it as the joint owner, but not full ownership rights.

if wife has contributed money towards purchase of the flat then only she can claim share. If husband has purchased property from his money then wife will not get any share. But can claim residential rights in that flat.

Q1). The Divorce  petition may be filed by the petitioner (in this case husband)

1 in a place where the marriage was solemnized  or

2). The respondent at the time of the presentation of the petition resides or

3)The parties to the marriage last resided together.

However, if the wife is the Petitioner, she can file the petition,where she is residing on the date of the presentation of the petition.

Q2) .If the wife does not want the  divorce, she should disprove the grounds on which divorce was sought.

However,clarify, what are the grounds  raised by the Husband. You are telling flimsy grounds,what are they.

Q3).Wife has equal rifgt. 

, 

 

 

 

Wife can transfer the case near her place.

warm Regards

Nitish Banka

Yes the place where she last resided together, shall have jurisdiction to entertain the petition.

In case the wife is not keen on getting divorce, specific instances of cruelty must be mentioned in her reply so that, she can prove that the petitioner is trying to take advantage of his own wrongs by first committing cruelty and thereafter shying away from his liability by seeking divorce.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

IN MUTUAL DIVOCE ,AFTER FIRST MOTION SECOND PARTY DONT SIGN D PAPERS AFTER FULLFILLING ALL CONDITIONS.