Legal Question in Family Law in India
My wife files for divorce under hindu marriage act u/s 13(1)a & 13(1)b in the district judge court on Dec'2009 which falls in my juridiction area, so the court is same for me. I have appeared one time in the court and did not give any W.S. to the court till date. My wife's mother's house falls in other juridiction area where we have been married. My wife's mother is alive and her father is no more and has no brother & sister at all so she lives in her mother's sister house which falls in another juridiction area. So she has decided to dismiss the divorce case or transfer the case to the court where she is presently living (Mother's sister home) which falls under another juridiction area. She has also filed alomony case (u/s 125) from there recently mentioning address of her mother's sister house. My question is that is it possible for my wife to transfer the case to that juridction area or dismiss the case and file for fresh divorce case in that juridction area?
3 Answers from Attorneys
She may seek transfer of her case to appropriate place by giving valid reasons.
she has several options. the jurisdiction is at place
1. where marriage took place; or
2. where both husband and wife last resided together; or
3. Where wife is currently staying
The choice is of wife.
she can get the case transfer
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