achuachu 11 December 2015

Is it possible to file the divorce anywhere in India?

I'm having a doubt regarding my divorce; that i'm seperated from my husband since 3 years and our marriage was short lived; I tried my best for geting a mutual divorce even without getting my dowry back; he was not ready for mutal divorce so I forced to file a criminal case againest him that he physically abused me to get my money and I filed a case to get all my money back.. Actually I dont need that money I just need my life back from that person; my question is that " we last stayed in "xxxxx" only for 2 days so I filed the divorce case here in xxxx and I'm residing here since 3 years after separation ( marriage was not held in this place) so is there any problem that I filed the case here; they are planning to change the place and going to file a request to change the place. But i want to coutinue this case here becaue I'm residing and working here. please advice me what to do?

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 12 December 2015

If he hits you once it will happen again. You should not stay in a marriage beyond that first punch, slap or shove. DO NOT make excuses for someone who hits you, DO NOT take the blame for someone hitting you. Violence is about a need to control and exert power over a spouse, it is not about loving a spouse.

Domestic abuse comes in different forms. Your spouse may physically abuse you or emotionally abuse you.

Yelling, screaming, name calling and put-downs are not acceptable forms of behavior. For your own safety. Send a legal notice to your husband with the help of a lawyer.

SAINATH DEVALLA (LEGAL CONSULTANT) 12 December 2015

U can file for divorce at UR matrimonial place or parental placeor the place where marriage took place or the place where Ur marital life existed.Burt after separation U have been living at xxxx place and working there U have filed in the correct place.But U may have to prove that U have been living there since separation and working.

T. Kalaiselvan, Advocate (Advocate) 22 December 2015

A divorce case can be file at any of the following places:

1) Place of marriage;

2) Place where both last resided together;

3) Place where the wife is currently residing;

Therefore you are absolutely eligible to file the divorce case in the place of your current residence.

If he is filing a transfer petition, you may give a strong objection to that, usually the transfer will be given to he wife's choice and not to the husband's choice of place except some serious issues are apprehended in the petition filed by the husband and proved beyond doubt.