Rajkiran123 (Manager) 27 November 2014

Divorce case

Dear All,

Request you advise here. I am residing in city X and my wife is residing city Y. I have filed divorce petition in city X and subsequently 498A case has been filed in city Y. Now divorce case has reached evidence stage and 498A is currently in charge sheet stage. Now I am looking for a job in city Y as my family resides there and wish to fight 498A case strongly. Please advise if I can get my divorce case transferred to city Y as my wife resides there and also 498A case going in city Y ?

Please advise the best way to tackle this

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4 Replies

Adv. Chandrasekhar (Advocate) 27 November 2014

There is fair chance to get the case transferred to city Y, if you strongly plead that your wife is living at city Y. God forbid, if you won't succeed in transfer, then also you have got alternative option of withdrawing the case from city X and file a fresh case at city Y, even though this would take away the progress you made in divorce case.

Rajkiran123 (Manager) 27 November 2014

Thank Chandrasekhar for your advise. Do I need to file for transfer in the same family court in city X?

Adv. Chandrasekhar (Advocate) 27 November 2014

If x and y falls in the same district, then file transfer petition before District Judge. If they fall in different districts, but in the same State, then the petition lies before High Court. If they fall in different states, then the petition lies before Supreme Court.