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Divorce Petition Filing location - husband's location


14-Jul-2025 (In Divorce Law)
I live in abroad but my permanent location is in Chennai. My wife's location is Madurai but she works in Bengaluru. Our marriage happened in Madurai. Our last cohabitation is Madurai. I have the following questions: 1. Can I file for divorce in Chennai ? 2. Can my apply for transfer of the case to Madurai ? - She is working, we have no children. She do not have any health issues. But she has her mother, whom she has to take care of. 3. Since I am abroad, can I appoint PoA as my mother?
Answers (3)

Answer #1
719 votes
You can file in Chennai if you resided in Chennai after marriage, if you file in Chennai by any means she can always file for transfer of case since it’s well settled law. Yes you can execute POA appointing your Mother as your lawful attorney.
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Answer #2
956 votes
Based on your situation, here are the answers: 1. Can you file for divorce in Chennai? Yes, but only if your permanent residence in Chennai is active and falls within the court's jurisdiction under Section 19 of the Hindu Marriage Act. However, since your marriage and last cohabitation were in Madurai, your wife may contest jurisdiction. 2. Can your wife seek a transfer to Madurai? Yes, she can file a transfer petition in the High Court or Supreme Court citing convenience, especially since the marriage and last cohabitation happened in Madurai. Her working status and lack of health issues may weaken her transfer plea, but care responsibilities (like for her mother) may still be considered. 3. Can you appoint your mother as Power of Attorney? Yes. You can appoint your mother as your POA holder to represent you in court proceedings, provided the POA is properly executed, notarized, and authenticated by the Indian consulate in your country of residence. She can appear on your behalf for non-personal matters, but for evidence or cross-examination, your virtual appearance may still be required. Advocate Arjun Saravanan Rajendra Law Office LLP
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Answer #3
746 votes
hi, I can well understand your concern from the query raised, yes you can file the petition here in Chennai under section 19 of the Hindu marriage act , also your wife can apply for transfer, there is no bar and you can execute a POA infavour of your mother, thank you
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