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Procedure to transfer divorce case already pending in another state


08-Jan-2023 (In Divorce Law)
i want to file a petition for divorce in a Karnataka where i am currently residing. The place my marriage was solemnized and registered (Hindu Marriage Act) was in UP and where i last resided was also in UP. Is it possible?? Can i claim compensation for the mental torture given by My in laws and husband by including a clause in divorce petition. I request you to reply to this as early as possible. If a divorce petition is filed in UP already by my husband before i file in Karnataka, is it possible that the case be transferred to Karnataka on my request without going to UP?
Answers (2)

Answer #1
913 votes
you can file divorce petition in Bangalore by giving all the reasons. there is no bar to file divorce petition since your residing at Bangalore and you can also claim maintenance with him. If he files divorce petition before you file or later then you have to file transfer petition in Supreme court to transfer the it to karnataka

Answer #2
785 votes
There is provision for a female, in matrimonial cases to ask for a hearing to be held in a place of her present residence, and you do not have to go to UP for that. But if a husband has first filed a divorce petition in his state and a notice has been served on you, you have to approach Supreme Court to get it transferred to Bangalore.

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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