Transfer of divorce case

498 Exploited (Querist) 27 November 2013 This query is : Resolved
Dear Sir,

I am planning to file a divorce case against my wife on cruelty ground .. her parents are staying in jharkhand.. and previously i was staying along with her in Ludhiana , Punjab where some local persons were there who were known to her and her father and in assosiation of them they tortured and bullied me and my parents there .. can she transfer the case in Ludhiana, punjab on any ground .. currently i am in Himachal pradesh.

Kindly advice

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Devajyoti Barman (Expert) 27 November 2013
You can file case at any of these places-
1. where marriage was solemnised,
2. both of you last resided together.
3.where your wife is currently residing.

The question of transfer comes only after filing the case. if you file case in one of these places, why should you apply for transfer.

Rajendra K Goyal (Expert) 27 November 2013
Agree with the expert Devajyoti Barman ji. You can file suit in any of the places mentioned by the expert and let her approach competent court for transfer if she wish so.

Nadeem Qureshi (Expert) 27 November 2013
SC have only the power to transfer the case from one state to another, nobody can restrain to other to file transfer petition before SC but the other party have right to file his/her objection as the case may be and after hearing both the parties the court may pass an order to transfer the case or not.

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