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Mutual divorce is filed in one city can party move to other city


01-Mar-2023 (In Divorce Law)

My friend's daughter is seeking divorce from her husband and has sent him a draft of legal notice for divorce by mutual consent. Her husband has been delaying responding. In the meantime, she wishes to move immediately from Chennai, her place of stay after marriage, to Hyderabad, where her parents are, to seek admission for her six-year old daughter in the coming academic year. Is there a legal implication in doing so, in that can the husband file a case of child custody and make things ugly? Staying in the same city is untenable for her. Please advice, and thanks in advance.

Answers (2)

Answer #1
937 votes
Choosing a place or city to reside and live is absolutely her choice and right. Nobody can interfere in it. If at all her husband is not cooperating or intentionally delaying the process of mutual consent divorce, she either can issue him a legal notice stating that owing to the decision arrived for getting their marriage dissolved by a decree of divorce on the grounds of mutual consent, he should come forward with the papers for filing the same before a court of law or to face the contested divorce she would be filing on the grounds mental cruelty besides other facts for which he would be held liable for the cost and consequences. This will invoke some response.
There is no problem in she shifting to Hyderabad along with her child, let the court decide about the child custody if he applies for it.

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Answer #2
860 votes
Dear sir
your Friends daughter can move from this place to another place..as per the law the kids are under the custody of the Mother only until they get major ..so there is no issue on this part..tell her to apply for divorce in the family courts..it can be tried in their home town..not in other state..

Thanks

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