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Amanv   18 April 2016

Can wife file 498a and divorce at her hometown

My wife living with me but we are living seperate in same house. Can she file 498a and divorce at her hometown in different state. If yes can i transfer the case on the basis that she is living with me.


 7 Replies

saravanan s (legal advisor)     19 April 2016

Yes she can file the case in different town.usually transfer petitions filed by men wont work


She can file either the criminal cases or divorce at the place of her marital home or matrimonial home or place where she is residing presently or at the place of her parental home.

Amanv   22 April 2016

If yes can i transfer the case on the basis that she is living with me.

She can file whatever cases she wants wherever she wants. You can try to transfer, it will cost lot of money and you may not get favorable result. Wife's these days are being misguided by lawyers to file cases, let her do it. She anyway will claim that you are torturing her etc etc. So might as well kick her out of your house and let her bang her heads in courts and spend all her money on lawyers.

Sudhir Kumar, Advocate (Advocate)     16 May 2016

if it is to be trasnferred within same state then High Court can order the same.


If other state then you approach Supreme Court.


Given facts do not provide any justification for transfer of case.

Sudhir Kumar, Advocate (Advocate)     16 May 2016

I am sorry I am rep;lying here the qeustions sent on PM (so that other experts could resppond suitably if I am wrong in my views and you get benefitted)


A. If she file any case can i transfer it on the ground that she is living with me and working here.

not at all a suitable ground for transfer.  had it been so imple all divorce 498a cases would have to be transferred at the whims of husband.


B. Can my father file eviction case against me and my wife and how much time required for the case to be deposed in UP.


this case be a cause of Domestic Violence.  Even if you are evicted you are liable to provide her seperate accommodation.


C. Can she challenge mobile recording that I am recording intentionally and she usese filthy words in anger.

you are recording it intentionally only and for the purpose of producing as evidence.  Let her admit that she used filthy language.  do so in anger is not relevant.

D. Wife earning and not expending a single penny and household work and demanding servents is cruelty?

this is not a midsoncuct for wife.  She is not bound to spend for your family.  Demand of conformts within your paying capacity is not unjustified on her part.  You never stated that you cannot afford servant.  It is not a curelity at least based on given facts.


E. She lives in seperate room not let me inside the room also she locked the room when go outside.


not letting your entry is  a martimonial misconduct.  You should have record for the same.


F. She visits her parents house and office foreign tour without my knowledge.


she is not a slave ande can visit parents house with/without your knoweldge/permission.  But it can be a cruelity if one doe snot know that the spouce is not coming home today as it adds to unwanted anxiety.

Kamal Dixit (Lawyer in Thane District Court Mumbai Thane)     21 February 2017

Yes ,she can file the different town,husband can not file  transfer petitions in our town.wife where  she is living,working in job town,before and after marriage living in town  parrents home town.file divorce suit any place

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