Divorce

Annapurna Ramanathan (Querist) 08 May 2015 This query is : Resolved
My friend is being perpetually ill-treated and she has decided that she cannot take it anymore. So she has decided to leave her husband and live separately alone in the neighbouring state, with her only son (aged 12 years). Sensing this, her husband has threatened her that he will file a divorce against her in Ranchi, which happens to be their home town. At this point of time, it is not known on what ground her husband is going to file the divorce. However, the wife wants the case to be held in a court based in Cochin, Kerala where she has her lawyer. Can she in any way pre-empt her husband and prevent the divorce case being handled in a Ranchi court? Experts please help!

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Nadeem Qureshi (Expert) 08 May 2015
Nobody can prevent to file any case anywhere.

but if he filed any case then file a transfer petition before SUPREME COURT and get the case transferred.

Advocate Bhartesh goyal (Expert) 08 May 2015
Yes ,if your husband files divorce petition in Ranchi,you may approach to Supreme court for transfer the same to Cochin.

Guest (Expert) 08 May 2015
Academic query.

However, even if the problem is real, the query is quite premature. Threatening has no meaning unless the case is actually filed and the actual place where filed.