Legal Question in Family Law in India

I m born and married in mumbai, separated from husband in mumbai for 5 years, I wife filed a petition for divorce in mumbai , after few month i received a notice from my husband from delhi court. stating that i had separated from him in delhi. what are remedies available to me. Is my husband punishable for false affidavit, how i do prove him wrong. my divorce case is going on in mumbai as exparte will the notice from delhi will affect my petition or decree of exparte , pls help


Asked on 10/04/10, 5:40 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

even if you had seperated from Delhi, you still have rightly filed your case in Mumbai. Wife has the privelege of filing her cases from the places where she is currently residing. If husband has filed a different case at any other place (as in your case at Delhi) you can get that case transferred from Delhi to Mumbai by application before Supreme Court of India. Meanwhile you must write to the Court at Delhi that you have filed a case at Mumbai.

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Answered on 10/04/10, 5:44 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you cannot prove the fact unless you defend yourself in the case filed by your husband in delhi. for that you may hire a lawyer in delhi who would defend your case and try to get the same transferred to mumbai.

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Answered on 10/04/10, 11:08 am


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