sanjeev pawar (service) 13 July 2012

How is it to transfer a divorce case to other state

dear members,

my marriage was solemnised in mumbai. and wife is presently residing with her parents in bhopal, i wish to apply for a divorce in mumbai, how easy will it be for my wife to transfer it to her home state, how much cost and what procedure will be involved, basically how much trouble will be for her to take it to her home town, . she is also planning to slapp a dv act and 498a from her hometown, and her advocate has sent me a notice on his letter head threatening the same. or pay rs 10000 per month as maintainence, or take her home, i dont wish to take her home, now that she has started levelling false allegations of harrassment and dowry, which never took place, while going away to her mothers place, she gave a statement to the womens cell that i wwill stay with my husband only if he takes 'proper' care of me, now i dont know how to define a 'proper' care. hence i will be filling a divorce on grounds of cruelty. dear members kindly guide me on a proper strategey to handle this situation.

thanks in advance

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4 Replies

Adv. Chandrasekhar (Advocate) 13 July 2012

only s.c. can transfer cases from one state to another state. if wife files one or two cases at bhopal and ask the divorce case filed at mumbai to be transferred to bhopal, there is more likelihood, the case can be transferred. But she has to prove her difficulty before s.c. i.e., why she cannot appear in mumbai court.

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 July 2012

Practising in the Supreme Court, and dealing with transfer petitions day in and day out, I can tell you these days it's really easy for a woman to get the divorce petition of husband stayed, and then ultimately transfferred to her home state, unless there are circumstances such as :-

Balance of convinience in husband's favour - for eg : dependancies/illness/lack of monetary means - and against the wife i.e wife's ability, economical means, urban educated lady.

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Guest (Guest) 13 July 2012

The practice among wives is to file a case for maintenance in their city in response to the divorce case instituted by the husband in his city, and then seek transfer of both the cases to the place where the maintenance case has been filed on the ground of inconvenience involved in travelling to the place of husband to contest the divorce case. The courts indubitably lean in favour of the wife and transfer the case to her place. It is in a very exceptional case that the courts refuse to accede to the prayer of the wife.

As regards 498A, if no part of the cause of action arose in her city where she intends to file the case, you can seek quashing of the same.