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Jurisdiction to file a divorce case against wife


15-Sep-2023 (In Divorce Law)
My wife had filed a maintainece case against me in family court in belgaum last year while I live in pune and now the case is almost coming to an end now I have decided to go ahead and file a divorce case. Now the lawyer I have appointed advises advised me to file the case in belgaum beca use of I file the case in Pune the family court would eventually transfer it to belgaum because my wife is now living in belgaum with her father but my very close friend advised me against it and told me to file it here in Pune. Even earlier I wanted to file the case in belgaum because it is cheap out there I mean the lawyers fees and he told that the case would be settled in 1 year time now my simple question are: Where should I file the case here in Pune or belgaum??? And How much time would be really required to dispose of this case??
Answers (4)

Answer #1
816 votes
Divorce case may be filed where marriage is solemnised or place where both party reside or where wife resides.
After filing divorce case it require minimum 6 month if it is done by MCD.
Regarding fee Pune is costly.
Answer #2
622 votes
Husband has two jurisdictions. One is where the marriage has taken place and another is where the husband and wife last resided. It is advisable to file a case at Pune and she has to travel from belgam to Pune she will understand what is pains. as regards transfer the Pune family court has no power to transfer the case
Answer #3
852 votes
Actually you can file case at any of the two locations pune or belgaum. but please see what is convenient for you if you file in belgaum you will have to go the belgaum a number of times for filing and appearance etc...and the case will get over in a year please see what is convenient for you and then decide.
Answer #4
578 votes
Yes ,You can file it in Pune for divorce, and the case filed by you may get transferred to belgaum only if your wife file transfer application before supreme Court and on hearing both of you that case may get transferred from Pune to belgaum but it is not 100? that your case will be transferred to belgaum. And next question also arises that whether your wife will file transfer application in supreme Court for transferring it from Pune. So my advice is you file it in Pune as there will be increase in the chances of compromise.

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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