Place of petition

Sir , I filed a divorce petition against my wife showing my willingness to go for mutual divorce rather than a contested one, as per Hindu marriage act . My wife is also employed . I have some queries : 1. I filed in Indore & she's contesting it from Chennai . Is there any way , I can shift the case to Indore & force her fight the case from Indore ? 2. Since , in my initial notice I revealed to settle for mutual divorce & my willingness to go for child support , will it be in my disfavour ? As she's also employed & she may try to squeeze more from me ? 3. Has she got right on my property established by me , as her name is also there in the agreement , although I have clearing the loans ? 4. Can I get full custody of my children , son 14 & daughter 4yr ? If so how ?

Hello Sir, 

1. You can move an application in the Court asking to shift the case to Indore court.

2. No sir, it is at the discretion of the court to decide that if maintenance is required or not, 

3. She does not have any right on your property but in case she has contributed to the property then she is entitled to the share she has contributed.

4. Custody of a child is at the discretion of the court,




You can file the divorce petition in the district where either you got married, or both last resided or where the respondent is presently living. You filed it in Indore, was your marriage solemnized here or you both last resided here in Indore, if not then your divorce petition will be dismissed by the court on the ground of wrong jurisdiction. As far child custody and maintenance issues are concerned that the Family Court will decide on merits. The welfare of child is paramount consideration for the court to see while deciding the custody issue. As far her name in the sale papers of the property gives her half share in the property, if you dispute that the court will decide and as general rule without any specific share mentioned in the documents relating to the property, she will be given half share. Now you like it or not this fact you must keep in your mind.

You can file a transfer petition u/s 25 CPC in Supreme Court.



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