LawRato

Can a divorce case be transferred where the husband stays


05-Nov-2023 (In Divorce Law)
I filed 498a case against my husband as he left me within 3 months of marriage. We stay in Mumbai and am working in a Mnc over there. I filed case in my home town chennai as I don't have any support in Mumbai. Now are there any chances that my husband can transfer case to his home town. We are in financial debt so I have to work and I can't leave job as my husband never gave a single pie for my maintenance. His father is a cruel person even tried to molest me and now he states that he is senior citizen and travel. Kindly suggest me what to do now.We have transferred 15 lakhs to there account as per their demands. Now entire family is not responding. My husband is only son. He is with his parents and even am in Mumbai in a rented house were my husband left me. Now unable to understand what can be done further. Kindly suggested please.
Answers (4)

Answer #1
552 votes
In matrimony cases usually transfer petitions are allowed after considering both parties and their situation. Mostly courts prefer to transfer cases where woman is residing. In your case i think you must have stated that you are residing in chennai to invoke chennai jurisdiction. Anyways even if he files a petition for transfer petition you have your chance to represent your situation and ask for dismissal of his petition.
Answer #2
550 votes
Hello,

I understood that your filed only case against him under section 498A on cruelty ground. But you didn't mention that have you filed maintenance case? Divorce case? Dowry harassment? against him. If you could give more information that will be help me to give you better solution.
Answer #3
537 votes
Your husband has to approach supreme court to transfer the case from Chennai. After getting orders from Supreme court only the case will be transferred to Mumbai. Your money if you have transferred, you will get in due course. if you need any help pls contact me.
Answer #4
550 votes
HELLO !

YOU HAVE FILED THE ABOVE SAID CASE IN CHENNAI THAT IS RIGHT. YOU ARE WORKING IN MUMBAI, WHEREAS YOU HAVE HAD FILED THE CASE IN CHENNAI. YOUR HUSBAND IS LIVING IN MUMBAI. "UNDER DIVORCE LAW " YOU CAN FILE YOUR CASE IN 3 PLACES,
1) PLACE OF MARRIAGE. 2) PACE OF WEDDING. 3) THE PLACE WHERE THE SPOUSE LASTLY LIVED TOGETHER. SINCE YOU ARE WORKING IN MUMBAI AND FILED THE CASE AT CHENNAI FOR SOME REASON. HERE YOUR ESTRANGED HUSBAND HAS GOT VALID GROUND FOR FILING TRANSFER O.P. TO MUMBAI. UNDER SEC. 398-A FILED AGAINST YOUR HUSBAND NOT AGAINST YOUR FATHER-IN-LAW. FOR FUTHER CLARIFICATION PL. CALL ME IN MY CONTACT NUMBER.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."