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Fighting Back For My Life (officer)     23 January 2013

Divorce - jurisdiction problem - urgent help pls

Dear Sirs,

I have just come to know about this forum as I came across while searching on net, and this is my 2nd post.

Me and my wife are staying separtely since Jan-2010, as she got involved with someone else in her professional life and when i tried to work out to save relation, she opened it up in wrong way with her parents that our marriage is not working due to lot of incompatibility issues. Also, it was then forced upon me that we shall stay separately for 6 months (so that she can have her "so called time to cool off " and it was all decided that after 6 months she would come back and only then future decision would be taken.

But those 6 months were used up in wrong way by her in outside involvement and also, she never came back till end-2012. In meanwhile, i tried all ways through mails / sending cards and meeting her to save this relation. But she never agreed. Her parents always threatened me.

Now to still save relation, I had sent her notice as consulted by my lawyer before filing RCR and instead of giving Reply to notice, she directly filed divorce under cruelty and desertion on me. We both were all settled and working in Mumbai, but she got shifted to Pune to her brother's place to file this case. Even my notice was sent on her place in Mumbai when she used to stay on rent.

And i came to know of her location shifting only on receiving case - notice from Pune Court. Now entire 2012 year went into drafting replies / counselling and my lawyer has challenged jurisdiciton for which argument is on 30th jan-13. Kindly request if i have any strong change in getting the pune jurisdiciton cancelled as she has got herself transferred from present job only from Mumbai to Pune (not even got new job) only with intention to harass me. She has also filed for dismissing my RCR or even shifting that RCR case to Pune which I haev filed in Mumbai.

Please advise. I need your kind advise on urgency.


Thanks & Regards

 

 



Learning

 3 Replies

Tajobsindia (Senior Partner )     23 January 2013

1. Her case is filed from right Jurisdiction. You will loose your objections / stand.
2. Your case will also get transferred to Pune Family Court soon.

Now think about what is your next strategy when she has already filed Divorce first in Pune after receiving your Lawyers Notice and post that she shifted to Pune to her brother's place, do you still want to save the marriage when one spouse is not even ready to live with another?

 

Fighting Back For My Life (officer)     23 January 2013

thanks for your kind reply.

yes, i am still ready to save my marriage as my wife is not just ready to live but she is in all wrong acts and this is going to be harmful for her as well to her family. I dont want to see such end to my relation because of such mistakes.

Do i have any chance on which i can leverage and hold on to defend my case and thus try to save my relation.

please do advise.

regards

 

ashoksrivastava (scientist)     28 January 2013

If your RCR at mumbai has been filed earlier in time . you can file a petition under cpc section 10 at pune family court and get a  stay on divorce petition  filed in pune. however if u or your relative have visited pune anytime in past 3 years you may face the risk of  filing of 498a in pune.else seek stay on divorce proceedings. of course ur wife if resourceful may get rcr transferred to pune from maha hc. donot take rcr back in hurry.If it precedes possible 498a it will be helpful to u. later on u may take it back as the situation develops.


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