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NK   23 October 2020

Can husband file divorce in his hometown of same state?

Hi Law Experts,

CITY A - is Husband's hometown and marrige took place in this city only in 2018 (State -UP) and currently parent lives there.

CITY B- Where Husband Wife is living together in their own flat since last 2.5 years (State- UP)

CITY C- Wife's Hometown (State- Delhi)

Can husband file a case in his hometown(CITY A) , if yes, what are the chances for rejection later on and on which ground for rejection. Once husband files a divorce case , can wife file a case in her hometown (CITY C) ?

Best Regards,

NK

 

 



Learning

 9 Replies

Dr J C Vashista (Advocate)     23 October 2020

Yes it can be filed if it is not an examination hall question.

It is better to contact, consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding if it is a true story.

1 Like

P. Venu (Advocate)     23 October 2020

What are the facts ? What is the context?

Kishor Mehta (CEO)     23 October 2020

Husband can file a divorce case in the State where the marriage was solemnized.  However the wife can request Hon. Supreme Court to transfer it to the state of her residence. 

SHIRISH PAWAR, 7738990900 (Advocate)     23 October 2020

Hello,

The husband can file a divorce case in the hometown court. There are no chances of rejecting the case, however, wife can transfer those cases in her place. The wife can also file a case in her hometown. I will advise if possible go for mutual consent divorce. 

Rajinder Goyal   23 October 2020

Hey, 

Yes, Sir the husband can file for divorce in City A  and even in City B and the wife can file in City C. As no facts are mentioned, it is difficult to know the chances for rejection but for your information. These are the grounds for divorce/Judicial separation
Adultery
Desertion
Cruelty
Conversion
Incurable disease (Such as Virulent and incurable leprosy)
Insanity
Renunciation
Unheard of more than 7 years 

Hope this helps!

 

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     24 October 2020

If you file the case in your home town and if your wife is rich enough she may file a transfer petition in the supreme court and the supreme court generally allows the plea of the women. Due to the transfer petition in the supreme court takes not less than 6 months of time. so plan accordingly by consulting a reputed lawyer by explaining full facts.

NK   24 October 2020

Sir,

As you are experienced in this field , might be for you it is a not worthy question . But from a layman point of view i think it is very valid question because in metro cities most of the people who are working belongs to different city of same state or completely different state. Sometimes a one line answer is not enough - i wanted to know what are possible oprions available with my wife which she can opt after i file a case in homwtown anyways now i got the answer from another experts. Thanks.

Dr J C Vashista (Advocate)     25 October 2020

Originally posted by : NK
Sir,

As you are experienced in this field , might be for you it is a not worthy question . But from a layman point of view i think it is very valid question because in metro cities most of the people who are working belongs to different city of same state or completely different state. Sometimes a one line answer is not enough - i wanted to know what are possible oprions available with my wife which she can opt after i file a case in homwtown anyways now i got the answer from another experts. Thanks.

If you go through your post it do not reveal that you want to file a suit for a decree of divorce.

You have the option to file a petition where your marriage was solemnized or last resided together. Now you are to reveal / disclose which one suits your case since the facts can not be presumed for your convenience.  

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Advocate)     25 October 2020

For any detailed suggestion it is elementary that you should provide the complete facts and the context.


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