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Krishna Kumar (Business)     08 April 2011

Where the case will run if I and wife in different city

Hi, 

I married in Tamil Nadu (me and my wife both are from TN only), after marriage we both came to Hydrabad as my and her job in Hydrabad itself. But after two months of marriage she resigned job and started telling she wanted to study (which she does not let me know before marriage).

Now she is not in Hyd or TN. I believe she is in Mumbai. If I file any case (divorce or RCR) in TN, does she can transfer the case to her study place which is different city (not the state marriage happend, or matrimonial home city).

Many Thanks, Krishna



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 April 2011

Jursidiction to file divorce :  Where both resided last together or where the marriage soleminized.  If she asks for the transfer as the learned member has answered she will have to file petition at supreme court.

adv. rajeev ( rajoo ) (practicing advocate)     09 April 2011

Jursidiction to file divorce :  Where both resided last together or where the marriage soleminized.  If she asks for the transfer as the learned member has answered she will have to file petition at supreme court.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     09 April 2011

Dear Querist,

 

In the event you prefer institution of divorce or RCR case in TN as per law, your wife can seek transfer of pending case (be it divorce or RCR case) to a place where she is pursuing her study (in this case: Mumbai) other than a place in TN/AP giving adequate reasons for transfer of the said case pending in a distrit court in one State to that of another State.

 

Trust this woul suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Arup (UNEMPLOYED)     09 April 2011

adv rajoo and mr 498avictim given the perfect answer. if you want to give a little pain then choice where both of  you last resided. if you want to avoid complication, file the where your wife presently residing.


(Guest)

It will be the last place of the Residence as Husband and wife or the place where marrige took place


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