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(Guest)

Where can I file divorce case from

Hello All, I have few questions regarding myissue:

1. Married on 06 May 2009. Marriage was solomonised in Naihati( 24 pgs ) WB.Wife is also from Naihati

    I am from Assam.I am currently working in Bangalore. She was staying with me in Bangalore and working as a School Teacher here till she left.

2. Marriage was simple and I have no demands.The girl have mother lives my pension. 

3. Wife left house on 12 Feb 2010. The main reason of her living the house could be as I didnt liked her family specially her mother as  she was not a good person but I married as it was a love marriage.

There was quarreling between her for her family related issue. And as a result of this one day by mistake I hurt her in her hand.

 4.Now the situation is that they have not once also not contacted me or my family. Also once my mother called her family but they are telling about the hurt which I gave her in her hand in past.

My questions are:

1. I dont want to continue relation with her.What are the steps and on what basis I can go for divorce as I feel if I continue more problems with come to my and her life.

2. Can I file divorce from Bangalore as it will be difficult for me to file from  Naihati as I am doing job here in Bangalore. ( As because if I have to fight for divorce from Naihati then  I will have to loose my job , how do I do, as I work in a private comp in Bangalore )

3. If after I file divorce and in turn she files DV and false 498a then how do I cope up. If they file FIR can I get anticiptory bail. As I want to win this and be seperate from her at any cost.

Reguest if any one can help me.

Thanks,

Raju



Learning

 17 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 March 2010

Where the marriage takes place or where the husband and wife last resided together, one of the courts got jurisdiction.

You and your wife have last resided together in Bengaluru, so Bengaluru court has got jurisdiction to file a divorce petition.

G. ARAVINTHAN (Legal Consultant / Solicitor)     28 March 2010

1. Where husband resides

2. where both lastly resides

3. Place of marriage


(Guest)

1. I dont want to continue relation with her.What are the steps and on what basis I can go for divorce as I feel if I continue more problems with come to my and her life.

With the narration of facts, it is difficult for you to get divorce decree.  No proper ground is there for you to get divorce.

2. Can I file divorce from Bangalore as it will be difficult for me to file from  Naihati as I am doing job here in Bangalore. ( As because if I have to fight for divorce from Naihati then  I will have to loose my job , how do I do, as I work in a private comp in Bangalore )

Yes.  Bangalore, Nihati - both have jurisdiction.  Wherever you want you can file it.  The jurisdiction is as my learned friends said above in addition to the place where wife resides at the time of filing the petition.

3. If after I file divorce and in turn she files DV and false 498a then how do I cope up. If they file FIR can I get anticiptory bail. As I want to win this and be seperate from her at any cost.

Yes.  She can file DV in Naihati and then file a transfer petition in Supreme Court for transferring your divorce petition to Naihati.  Whether Section 498-A can be filed at Naihati or only in Bangalore can be answered after seeing her complaint.  No one can say whether yYou will get anticipatory bail or not because it is discretionary power vested with the court.  But there are chances you get it and later on regular bail also.  If you want divorce at any cost, it is better for you to talk with her and go for mutual consent divorce. 


(Guest)

Now the problem is that ... she is not ready to talk to me and also I recently called her family and in that they told they want to talk  to our family members.

What I have decided is to dissolve this relationship.HOw should I proceed ?  

nidhi kalia (lawyer)     28 March 2010

where u r last resides. what was the time period when u r were lived together in benguleru. &most important thing is ----------1. where ur  marriage solomnised. 2.where ur residing together last time. 3.ur job palace.so ur juridiction is in bengeluru.                                                                                                                                         


(Guest)

The problem is, on the basis of narration of facts,  that there are no strong grounds for you to get divorce decree.  Hence, I suggest for mutual consent divorce decree.  Any how, for filing divorce petition, one year gap between the marriage and filing of petition is required.

N.K.Assumi (Advocate)     29 March 2010

In such matter we also have to see the reasons why the wife left the matrimonial home and unless we know that reasons it will be difficult to suggest anything for divorce or RCR.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 April 2010

Dear Raju,

I do agree with Mr. Prabhakar and Mr. Assumi. But there are some queries to clear from ur side. U can call me at 9871158578.

Devajyoti Barman (Advocate)     02 April 2010

You can file divorce either in Naihati or in Bangalore.

If she files 498A case in Naihati (which is a probability)then from Calcutta High Court you can pray for Anticipatory bail.


(Guest)

Hello Friends,

I have contacted a lawyer in B'lore and I am sending her a Legal Notice from the advocate requesting her to come back. Depending on the reply we thought what to do further.

Also I have applied for AB from B'lore. But if she does FIR from Naihati we can get it easily as already applided here.

Do u guys have any suggestion in this approach and further proceddings.

Devajyoti Barman (Advocate)     04 April 2010

For a FIR at Naihati you have to pray for ab at Calcutta High Court.

Devajyoti Barman (Advocate)     04 April 2010

For a FIR at Naihati you have to pray for ab at Calcutta High Court.


(Guest)

Hello All,

I am sending the legal notice to her and depending on the reply I may file a divorce case against her ( If she files false 498a and DV  against me ).

I may file the case from Bangalore but if she goes to SC and request for Transfer to her state ( WB ) then will I be able to object. I staying in B'lore with my mom and she is there with her family. My relatives are there is Assam and her in WB. As if transfered then it will be difficult for me to fight the case as travel from B'lore to her place is a quite a lot of distance as in senaio my Job may be lost if I got for more leaves.

* I agree to beer the traver expences for her and her companion and stay in Bangalore.

Also if I have AB from B'lore then how easy it will be to get AB from her state(WB).

Nithya (Deputy manager)     01 October 2010

Hi, I am from Kerala and the person I am married to is from Salem. We were married in Chennai on May 7 2008. I would like to file a divorce, but I am in Bangalore and so is he. He is working and I am not working. I wanted to know if I may be able to file for a divorce in Bangalore and would I be able to get any support for a while from him until I am on a job.


Could you please help me in understanding the process and how long would this take to be completed?


Regards

Nithya


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