Where to file divorce


I  am living in chennai  and my wife is living in bangalore. Till  now  she has filed  2 FIRS.    i am struggling with this problem for the last 8 years.   lot of compromise   . nothing worked out.  She also  forced me to vaccate the house. Once i lost my job and  sencond time i was beaten  by police .. lot of stories.      we have a son.

I am  not in touch with  her for more than 1.8 years.

Now finally i approached  a lawyer.    My question  is shall  i file  adivorce case in chennai?.    or   should   i file in  bangalore?.  We  got married  @  our home town( centeral part of tamil nadu).

If i file a divorce case , is it possible for her to tansfer it to her native place or  bangalore ?.

i heared  transferring a divorce  case to  other state   can be done  only by apporaching  supream court.

is it possible  for her to transfer  it to  her native place?

if possible  any one can suggest a good lawyer in chennail.

 

 

 
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Advocate

you can file the case in chennai, but your wife can transfer the case to her place from the supreme court.

 
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498a Fighter

 My question  is shall  i file  adivorce case in chennai?.    or   should   i file in  bangalore?.  We  got married  @  our home town( centeral part of tamil nadu).

 

Chennai

 

If i file a divorce case , is it possible for her to tansfer it to her native place or  bangalore ?.

Yes

Regards

Hemant

i heared  transferring a divorce  case to  other state   can be done  only by apporaching  supream court.

 

Yes, It happens where two states involved.

 
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Senior Partner

@ Author,


1. Your brief is not clear as to Jurisdiction other than stating currently you as a proposed petitioner is living in Chennai and proposed respondent wife is currently living in Bangalore.
Reason:
Section 19 of the Hindu Marriage Act deals with jurisdiction and procedures. Before the amendment made to Section 19 as per Act 50 of 2003, the provision was as under:-

19. Court to which petition shall be presented:- Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction-

(i) the marriage was solemnized, or

(ii) the respondent, at the time of presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

[ (iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.


2. In my opinion you should file Divorce at Bangalore and not at Chennai if speed is priority.

OR

3. If you want to frustrate her then you can file at Chennai and let her approach SC to get it un-oposed by you transferred to Bangalore whereby you keep tab of Cause List of SC. This way she will spend some money on hiring SC AOR and Chennai / Bangalore are not that far by Shatabdi Train / Bus not to attend case at Bangalore afterall.

OR

4. Clarify here (i) the parties to the marriage last resided together?

 
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We last  resided  together  @ bangalore.

Is  it possible  for  her transfer the case to her  native place   where   we  got married?

 
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member and secretory

you should file at banglore as advised by expert tajobs

 
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498a Fighter

Now the jurisdiction is Bangalore.

 
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What if wife belongs to Mysore and husband belongs to Bengaluru both are in same state?

Can she transfer the case to Mysore?

 
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Prakash Legal Clinic Haridwar

Adv. ratnesh is correct.

But when your wife file petition for transfer ask to court that you are ready to pay travel allowns with one accompany person for hearning each in chennai court. Court can stop to tranfer on this ground.

Now think yourself whats is batter for you.
 

 
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