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Siva   08 July 2015

To transfer the case from one place to another place

Husband’s home town is city A.

Wife’s hometown is city B. Also marriage happened in City B.

Due to husband work, they both lived in city C.

Usual family quarrels between them and then separated. Later husband went to foreign for his new job. He waited for his wife to re-union, but it doesn’t. So husband came to his hometown and filed divorce case in City A. That time wife was staying in City C with job. So wife requested court to transfer the case to City C. Case also transferred to City C. But now wife returned her hometown city B with another job. But still wife likes to keep the case in city C only where both are not there currently. Just she is thinking to give travel trouble for her husband.

The question is, can husband request court to transfer the case to either city A again or B at least as both are not at city C?



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 4 Replies

Nitish Banka (lawyer)     08 July 2015

for a case within the state approach hc else move SC

Nitish Banka (lawyer)     08 July 2015

Yes transfer can be allowed depending on the facts of the case

Siva   09 July 2015

Dear Nitish Sir,

Yes, within the same state (tamilnadu) only.

I have asked this question because one of my friend (he is a junior lawyer and managing my case) telling me like wife has full rights to run the case in any court and there is NO necessary that she should stay at the same place where the case is running.

Also I read in internet like the divorce case can be handle by wife whereever she wants.

But in my case City B (wife's area) also has district court and City A (husband's area) also has district court. But she is refusing to run the case in either city A or B and forcing in city C where both of them are not live. Can she do like this?

Your opinion please...

Adv. Chandrasekhar (Advocate)     09 July 2015

In the city A, according to your naration of facts, jurisdiction does not lie.  If you want move transfer application in HC to transfer the case to city "B".


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