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Alta Lavista (Proprietor)     30 November 2013

Advantage in filing divorce petition at wife's hometown

HI! I am facing separation of over 10 years over trivial ego-based issue/s.  No legal proceedings initiated by either side till now. All social efforts at reconciliation have failed. I am fed up of waiting forever and wish to file for divorce on grounds of desertion without wasting any more time.

 

I live in city A where we had lived as a couple in my parents' home. Wife and our minor child living with her parents in small-city B which is 600km away.

 

I met some lawyers and realised that:

1. I can file case here in city A, but it will SURELY be transferred to city C (nearby to city B and being the nearest Family Court, and also, city C is where the marriage ceremony took place) - given the fact that she is a woman and has to take care of a child too.

2. NONE of these lawyers are willing to endure the long travel to city C to continue fighting my case when transfer happens, even if I bear cost of comfortable travel and stay.

 

What should I do:

  1. File case in city A and let it be transferred to city C and hire lawyers one by one at BOTH places? If so, how long does it usually take from my filing and the transfer ? How important is this first step of filing in terms of building a strong case? I have identified a lawyer in city A who has a pretty good reputation and I felt comfortable with.
  2. File case in city C directly-knowing that eventually the case will be transferred there. It may involve inconvenience and cost, but I am willing to bear that. Problem is I am not 100% confident/comfortable wrt the lawyer I met in city C even though he is a leading lawyer. Does this aspect of client-lawyer relation matter a lot? And if so, at what stage of divorce process it matters a lot?

 

Also- pls excuse if I sound naïve-the dilemma above is mainly because I want a speedier outcome!



Learning

 5 Replies

Pooja Hegde R. (Advocate)     30 November 2013

Mention the name of cities and we will be able to guide you better. If confidential, the send a pvt msg on this website or call me on 8892562298

Shantanu Wavhal (Worker)     30 November 2013

file for divorce in city A.

let her run to HC / SC and get it transferred.

if different states, she has to go to SC

if same state, she has to go to HC


time frame is NOT fixed for anything.

file 21b if u want to finish the litigation fast.

https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp


find a counsel who can give u sufficient time.

do not run just after BIG names.

1 Like

Alta Lavista (Proprietor)     03 December 2013

@ Amit...thanks a ton! I really appreciate.

LegalExpert (Lawyer)     03 December 2013

I completely agree with the suggestion of Mr. Amit. better let her to make effort to get the case transferred from place A to place C.

Reformist !!! (Other)     04 December 2013

Better file in City A. Let her run to HC or SC ie if the states are different then she have to run to SC for case transfer and if same state then HC.

Let it get transferred (give a fight here too for not getting transferred) and you may always say that she deserted you 10 years back and the case shall not be transferred. Although judge wont listen this, but still u can put ur pint and then fight the case over there in City C.


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