Wife filing divorce petition frm diff place before shiftingf

In view of the amendment of jurisdiction, she is entitled to file the petition from the place where she is residing at the time of filing and hence questioning the territorial jurisdiction is a futile exercise.  Contest both divorce and your RCR on merits.

I do agree with the Adv.Chandrashekhar

Agreed, it would be a futile story.

 

 

Regards,

Mr Chandrashekhar 1st of all thank you for ur kind reply.. However as rightly pointed out by u "she is entitled to file from the place where she is residing at time of filing" whereas in this case she has filed first and then got transfered. Her letter of transfer mentions later date than date of filing. So technically she was not resident at time of filing. Hope i have made my point clear n request ur considerate advice on it. I agree to contest my case on merits hence seeking suitable advice and any scope to delay this matter and take time to resolve it outside court amicably n save my marriage. Please assist..

Mr Chandrashekhar 1st of all thank you for ur kind reply.. However as rightly pointed out by u "she is entitled to file from the place where she is residing at time of filing" whereas in this case she has filed first and then got transfered. Her letter of transfer mentions later date than date of filing. So technically she was not resident at time of filing. Hope i have made my point clear n request ur considerate advice on it. I agree to contest my case on merits hence seeking suitable advice and any scope to delay this matter and take time to resolve it outside court amicably n save my marriage. Please assist..

leaving the technicalities of  jurisdiction aside for a moment better to ponder on your divorce proceedings and think on the lines -Should I contest or go for MCD.

Your wife is seeking divorce inspite of your good attempts to reconcile.I think a question you should ask yourselves- what will you gain  if divorce is not granted to her, will you be able to bring her back,will she again come back and stay with you.

You invariably at some point of time have to make a hard decision for you own future.

By merely filing a RCR you cannot force her to stay with you.Even the court cannot force her to stay with you.It can be used to negate her maintenance and other monetary claims should she make them now or in the near future.

 

Agree with Mr Gautam , he give you complete solution why you are crying for jurisdiction she had field her divorce first and her transfer letter is of later date , you can fight for it and hope you will win but it is of no use she want divorce from you again she will file from there hence forget jurisdiction and be ready and opt for mcd and get her rid from this unwilling married life , rcr is useless withdraw it .

Mr Gautam / Mr Joshi,

Again firstly thanks for ur reply n time spared.

But with all due respect, let me put forth my point again

Mr. Joshi - I think your word "Crying" is not in good sense..i m not here to CRY... No one likes, atleast me to put your life situation in such open forum for display except in need for some genuine help. i understand this is an forum to get technical advice itself and thats why i m precisely asking on legal advice on "jurisdiction point basis filing petition first before getting job transferred and shifting to that place..".

Mr Gautam - i agree to your advice and understand situation, but as i said i just need advice precisely on "technicalities only" as it would be crucial for me to get some time ( between case getting dismissed and filing another one which i m sure of) that would give some cooling - breathing space to work out and save my marriage.

i know the basic fact that - no legal entity can force or compel anyone's wife to come n stay with her husband. But then, there should not be any provision at all to husband to contest any divorce and just accept at free-will of his other half to throw him out of equation. Also as rightly said, RCR is important to safe guard property and monetory claims which need not be just given away, which i know how hardly i have earned it. Althought i have no intention of holding it only to it, but  mainly to save my marriage with each and every possible step.

Kindly anticipate above and still await any particular leverage / support point on "jurisdiction".

Thanks Gentlemen.

Mr. Every Sufferer is Saviour - if u too can help a bit on this..

Dear Vijay, You are very clear that your wife has got external special interests. In such cases try to contact your wife's relatives and explain them how much you value your marriage. If no result is obtained then, as a matter of prudence anyone would advice you to talk to your wife and take divorce on mutual consent basis where you are not required to pay anything as alimony or maintenance. This is the most amicable solution instead of giving emotional pain to yourself, your family and your wife's relatives. I am sure you will restart a new matrimonial life soon and be happy once again. On your specific query regarding dismissing of plaint because she has shifted to nearby city after filing of the petition would not hold significant merit as marriage laws (procedures) are women centric and ensure their convenience. Frankly speaking, you can only try to convince your wifes lawyer to delay the dates as court will not be inclined to delay or dismiss hearing. I am specifically not advising you to file divorce, RCR, ADULTERY AGAINST EXTERNAL INTEREST or similar petitions as they will only stress out your relationship with your estranged wife and she can file 498-A against you. Further, 498-A once filed cannot be withdrawn by your wife unilaterally.

Agreed with the above responds.

You have been given sane advise, however, in the complete query, you have not stated what you want.

 

Regards,