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Can the place of filing a divorce case be transferred later
29-Jul-2023 (In Divorce Law)
My husband hails from Indore and I am from Mumbai. We got married in Indore on 1st Feb 2019 and have registered our marriage in Indore immediately on 2nd Feb. Later we moved to Mumbai as we both work in Mumbai. Because of mental harassment by him and his mother, I have left his house on 1st May. I am worried if he files a case in Indore as I am working in Mumbai and don't know anyone there. Plus it will be costly as well as tedious. Can he do that? And if he does, can I get transferred to Mumbai? Or will I have to file it first in Mumbai to avoid it?
Respected madam
If you wish to divorce from your husband then you can file divorce petition in mumbai.
if your husband has filed divorce petition in indore then for transferring that petition in mumbai you have to file transfer petition in supreme court.
Helpful?
Adv. Vanita Yogesh Orpe
Mumbai | 50+ Answers
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Yes,
But it may cause you hardship if your husband had filed Divorce petition in Indore .
Therefore if you want to file Divorce petition in Mumbai.File it urgently.
Before few days ago Culcatta High Court judgement declared that inconvenience to go to place of case in court cannot be taken into account.
Therefore file urgent any petition in Mumbai Family Court.
Helpful?
Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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For better precautions you can file the case in Mumbai prior to that your Husband will file in Indore.
If in case your Husband files a case in Indore, you can seek transfer of the same by Filling Transfer Petition Before the Hon'ble Supreme Court of Indian and get it transfer to Mumbai.
Even though your marriage is registered in Indore, it doesn't barred you to file case in Mumbai.
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Adv. Akshay R Kapadia
Mumbai | 100+ Answers
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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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