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Husband needs divorce from wife due to internal differences


01-Feb-2023 (In Divorce Law)
My brother needs divorce from her wife, they have a daughter but they are not living together from past 2 years and he is continually sending 10-15 k per month to her for her/daughter maintenance but as she is not willing to return back he has stopped sending money and finally he has decided to separate. Marriage Location: Lucknow Wife currently residing in: Meerut (She went to meerut on 22 of Jan 2015 in the event of her brother's demise and never returned back) Wife is a sharp lady and will never go for mutual separation. Ques 1. Divorce case should be filed in Lucknow? Ques 2. What are the risks and what can she do legally? i.e. if she files 498a will she have a strong case? (despite of the fact that she is living alone from past 2 years and brother is continually supporting him) Ques 3. Can she file any case in Meerut provided the fact my brother never stayed with her.
Answers (4)

Answer #1
677 votes
You can file divorce in Lucknow but wife can get it transferred to her place. Although transfer is very difficult and it will be transferred by high court only. Wife can file cases in Meerut. But if you file your case first then her case will loose strength. You must act fast. If you wish I can refer you good advocate in Lucknow.
Answer #2
917 votes
Yes you can file case in Lucknow ,secondly if she file 498 so before she apply you should submit and application to nearest thana and ssp that your wife threaten you to fabricate you in false case and took receiving of this application for future
And she can also file case in merrut
Answer #3
512 votes
You will have to file the divorce in Lucknow itself as your brother is residing there itself. And as far as the cases to be filed by his wife are concerned, she can file the same in Meerut. The best recourse available is mutual divorce.
Answer #4
810 votes
Dear Querist,
You can file your case in Lucknow also if you are living here in Lucknow. The other thing if she files 498(A) case, yes she can file which cant be stopped if she wishes, but the same if contested properly would be settled accordingly reaching its fate.
For better understanding needs in depth conversation

DEVANSH BHARDWAJ
ADVOCATE, LUCKNOW

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.

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