• Transfer of divorce case to area of wife

Sir,
my wife many times lodged false complaints against me. she & her father keep blackmailing me for there interset. I am PSU employee, my Job place is just 20 KM away from my fatheri in law residence in Kota. We married at my hometown(Jaipur). I gave Police complaint at CAW cell in kota against which they asked both parties for counselling. During counselling my father in law and there two local lawyers Threatened me to beat in front of Police. Police has not taken any action against them citing that this is CAW cell hence Men are not protected here. My Queations are:

1. I want to file Divorce at Jaipur(my hometown), but i am afraid that she will get it transfered to Kota . Though my lawyer assuring me that he will not let go case from Jaipur to kota as he is a big lawyer, secondly my father is paralysed and on bed so that is also a ground. whats the reality but?

2. can the case be directly filed in High court at jaipur?

3. how to find that my in laws have not filed any case against me directly at kota court? is RTI applicable there to know this.

4. How to get saftey for myself from local goons of my in laws? 

5. my wife has got medical certificate from somewhere that she got injury. i am aware of that injury because she made this in front of me herself but my wife putting that certificate in front of police very confidently against me. will this prove me guilty? 

6. Police has asked both of us to come again for counselling as i denied to sing papers in first time. i dont want to go as i dont want her to come back. what to do?

7. if i file divorce against her , will she still be entitled to live with me in my home? because she needs just 24 hours with me under common roof to again file a false complaint.
Asked 6 years ago in Family Law
Religion: Hindu

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9 Answers

1) you can file for divorce in jaipur . even if wife applies for transfer court would not agree as she can avail video conferencing facilities

2) case cannot be filed in HC

3) lawyer can take search of court records as to whether any case has been filed in Kota or not

4)install CCTV cameras in your living room of house . record all threats received

5)you can explain the circumstances under which wife got injured mention that it was self inflicted injury by wife

6) go for counselling but take the plea that reconciliation is not possible

7) wife has right to stay in her matrimonial home

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1. Well,no one can give guarantee then your case would not be transferred. SA big lawyer does not guarantee something which is not permissible under law or practice.

2.No,it can not be.

3. Take help of a lawyer and search the filing register.

4. Inform the police.

5.Medical certificate alone does not prove your case.

6. You may avoid attending the counselling.

7. Wife's right of residence ahs nothing to do with divorce.If house is not available then she can ask for rented premsies in DV case.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1. If the Court is of the opinion that it is inconvenient for the wife to defend the case at Jaipur, upon her transfer petition, after considering the matter, the Court could very well transfer the case to Kota.

2. No, the divorce case has to be filed in the Family Court.

3. No. Engage a local lawyer at Kota to find that out for you.

4. Seek protection from police.

5. You stake a challenge to her allegations. Cross examine her.

6. File a divorce.

7. Yes

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1)you can offer her alternative accommodation . you can take the plea that there is constant threat to your life from wife . that she constantly abuses you and your family members and hence you cnanot stay with her

2)you should not admit allegations of impotency . it would affect your future marriage prospects . your wife can file for divorce on grounds that you refuse to have sex with her . you should deny the allegations and take th plea that wife is not interested in having sex

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Wife has every right to reside in the household she shared with her husband after marriage, till the disposal of any matrimonial dispute between her and the husband, including divorce. Thus, legally you cannot compel her to live separately during pendency of the divorce case. Though she said that before police, she will never be saying that you are impotent before the Court. That is because she doe not wants to give you divorce. Thus, I'm afraid you could use her statement as regards to impotency.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You can file your case in Jaipur session court.. Going to high court directly is not a procedure..you can file a Caviet in Kota, under which you will be informed through summon if any litigation is filed there..don't let her inside your house , to avoid further violence and she can also file false criminal complaint..claiming yourself to be impotent will not be any ground for divorce( it would have been if your wife wanted divorce and she made a ground of impotency)

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. The divorce case can be transferred by the High Court only u/s 24 of CPC, kindly confirm this with your lawyer that will he be able to handle the case. Though court has a lenient view when transfer petition is filed by the girl.

2. NO

3. Not RTI but there is another performa which is filled.

4 File a petition in the high Court seeking security

5. Medical certificate alone will not prove you guilty.

6. You will have to go but you can deny for settlement.

7 You can file an interim relief prayer in the divorce petition that she may be directed not to come and live in her matrimonial hone or alternatively you can file a suit for restraining her.

This impotency option is not good.

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Before filing divorce case why do you want to worry about its transfer.

First file it and wait for her reaction.

2. No, divorce cases are to be filed in the family court or before the sub-ordinate court, and not before high court directly.

3. You can engage an advocate to find out the details in person. You cannot get information through RTI act on this.

4. By lodging a complaint before local police.

5. The guilty or not can be extracted during her cross examination during the trial proceedings of this case if taken on file.

6. You can discuss with yor advocate and decide about it do that you can send only your advocate for the next sitting.

7. Until she is your legally wedded wife she is entitled to live in your house

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Kindly tell the way with which she will not stay with me during divorce. Please keep in mind she desperately wants to live with me during divorce also as advised to her by her parents so that she can produce nu-sense and another false complaint to put pressure on

me. Kindly also tell.. often my wife alleged that we don't have any physical relation for 2 years , I being impotent as said by her in front of police. If i accept those charges in front of court will my marriage be null and void. how much this option is good please tell.

Dont accept her allegations.

You can ask her to prove her allegations by informing the court that you are ready to undergo medical test.

However you cannot legally avoid her to live in your house till the time she is legally divorced and your marriage is dissolved by a decree of divorce.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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