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Singha Rao (Engineer)     08 July 2012

Where to file diverse petition

I got married before 1 year and we stayed together for 5 month at outside India. Now our relation in such stage that it is difficult to make it again. So planning to file diverse on the ground of Cruelty (I have some record on it which I posted in my earlied query)

In this query I wanted to know about some diverse procedure..

1.My home is 400 KM away from her home..and we registered for marriage certificate at her home town court, where in effidevit it is mentioned that marriage is held at their home (My wife's home)..So basically where I need to fine the divorse case? If i will file case at my home town is there any chance that she can aks to transfer to her local court where out marriage was solemnized?

In such case, can we transfer the case to high court? Because his uncle is a lawerer and another is a politician and her aunty is a police officer... So basically I don't want to run our cas ein their teritory!

2. How allimony will decide? At prsent I am working in a contratc basis where i get INR. 1.5 lakhs/month and may be from next month it may increase to INR. 2.5 to 2.7 lakh/month, and all appointment are basically one year basis..

Again as I stay abroad and I am getting in dollar where my expances I can show upto INR. 1 lakh/month..and before that I spent a lot for my study at Foreign and my family also (Mother, Brother and his family) depends on me..So hope this thng I can claim that my family also depends on me..

3. As right now she is at her home, and her parents are taking care for her maintaince, so right now is it necessary to give some money to her, or I have to wait for court's decission (once I file case) to give her some interim maintanance..

 

Please advice in thsi regards..

Thank you in advance..

 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 July 2012

Dear Mr.Rao,

The divorce petition can be filed at the place where marriage was solemnised or where you resided together as husband and wife or where the wife resides. Since you are residing in US and last resided as Husband with her in US, then why don't you file it there ? See where in India the above essentials are satisfied - if you file it somewhere else the wife through the SC can get it transferred to her state and such transfer is very likely if she's not working etc.


As regards maintenance it would be tough to stop the same. More facts are required to reach a conclusion.

 

1 Like

Singha Rao (Engineer)     08 July 2012

Bharat Sir,

  Thank you for your kind suggestion..I am in Malayesia/Singapore.. Not in US..So do you have any idea how can I get any help from SIngapore/Malayesia? Basically we did our arriage certificate at her home town..

we stayed like this:

1. at my home (after marriage one month (July-Aug 2011)

2. From Sept 2011 to February 2012 at abroad for five month..

3. February 2012 for 15 days at my home together..

4. February to March 2012 she stay at her home for onemonth, I stay at abroad..

5. March to April one month she stay at my home, where all the quarrel wil my mother, sister in law and with me happened..

6. April 20th she left to her home and right now she is applying for job, with out informing me..She say that once I will get job then you may able to know..

Can I claim some thing on this, that she is going to job at her own and father's decission with out informing me?

 

Thank you in advance..


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