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jay pathak (officer)     30 April 2014

Divorce and maintenance case

Dear all

 

Can divorce and maintenance case under section 125 can be filed in two seperate courts. Divorce case in ahmedabad filed by husband and maintenance case in pune where wife resides.

 

Regards



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 6 Replies

Solomon Raju (Advocate High Court of A.P.)     30 April 2014

Yes, in this case...Because husband filed for Divorce in Ahmedabad and wife filed maintenance in Pune...But in catena of judgments of Supreme Court held that convenience of women shall be taken into consideration and therefore, wife can file a transfer petition in supreme court to transfer the divorce petition to Pune...

 

Solomon

Advocate

High Court of A.P.

Solomon Raju (Advocate High Court of A.P.)     30 April 2014

Yes, in this case...Because husband filed for Divorce in Ahmedabad and wife filed maintenance in Pune...But in catena of judgments of Supreme Court held that convenience of women shall be taken into consideration and therefore, wife can file a transfer petition in supreme court to transfer the divorce petition to Pune...

 

Solomon

Advocate

High Court of A.P.

Solomon Raju (Advocate High Court of A.P.)     30 April 2014

Yes, in this case...Because husband filed for Divorce in Ahmedabad and wife filed maintenance in Pune...But in catena of judgments of Supreme Court held that convenience of women shall be taken into consideration and therefore, wife can file a transfer petition in supreme court to transfer the divorce petition to Pune...

 

Solomon

Advocate

High Court of A.P.

1 Like

Laxmi Kant Joshi (Advocate )     30 April 2014

Yes , in this senerio two cases were filed by two persons one , husband had filed divorce case in ahmedabad and second , wife had filed for her maintenance case u/s 125 crpc in pune , but wife can tranfer the divorce case to pune by filing for transfer of case petition in the supreme court .

legal problems (PROPER SOLUTION EFFORTS FOR COMPLEX PROBLEMS. youract@gmail.com)     05 May 2014

First challenge the legality of pune case before she files for transfer, so whole process will be stuck.

Gautam Kapoor (IT professional Studying Law)     05 May 2014

SC does show leniency towards women regarding transferring of the case,BUT NOT blindly,they will show that they are destitute,no money to contest the case,milk sucking baby even the baby is over 4 yrs old ,threat to life, no male companion to accompany....the list is endless.If you effectively counteract them and agree to pay the travel expenses the court will oppose the transfer.

If you know her bank account start depositing some money to show that you have paid for the travel expenses.


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