• Divorce contest

Wife is working in State Government at Delhi but resides in Noida . She travels 30km daily by car to office with office time 9 am to 5pm . Last we resided together was Noida . Marriage solemnized at Gaziabad. We also resided once at Delhi 10 yrs back . I'm in a different city altogether right now . I want to file for divorce at Delhi . Will the case be transferred to her place of residence Noida ?
Asked 1 year ago in Civil Law from Greater Mumbai, Maharashtra

Hi, the jurisdiction can be either at noida or Ghaziabad..( the place where both spouses last resided or at the place of solemnization of marriage)...

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

Hi, to transfer the case to Meerut you need to file a transfer petition before Supreme Court of India and in your petition you can state that your financial capacity is weak so you cannot afford to travel and your medical problem. However you can get a lawyer through Legal Aid as well.

Mohammed Mujeeb
Advocate, Hyderabad
11738 Answers
4 Consultations

4.5 on 5.0

Divorce Case can be filed in Delhi as you have stayed in Delhi with your wife, after the solemnization of your marriage.

Your wife can file transfer petition, but since ahe travels to Delhi everyday for her office duties, she cannot plead in the said transfer petition that he faces difficulty to travel to Delhi on Court dates.

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

Delhi has no jurisdiction you have tk file divorce either you have to file at noida where she resides and you resided together or any gaziabad where the marriage was solemnised.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

You ha etc file for divorce e in Ghaziabad or in Noida

2) you cannot file for divorce in Delhi as marriage solemnised in Ghaziabad and resided with wife last in noida

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

What is problem between noise and Delhi even if it is transferred to Noida from Delhi that makes no difference ultimately you have to contest the divorce weather in Delhi or Noida

Vimlesh Prasad Mishra
Advocate, Lucknow
5683 Answers
19 Consultations

4.9 on 5.0

1. It can be filed only in Delhi only if you are able to demonstrate that you last resided in Delhi. If she is able to produce evidence to prove that you did not last reside in Delhi the petition will be dismissed on the question of maintainability alone.

2. Better file in Noida.

Ashish Davessar
Advocate, Jaipur
26710 Answers
797 Consultations

5.0 on 5.0

Hello,

Yes it could be if she shows her hardship.

Regards

Swarupananda Neogi
Advocate, Kolkata
1145 Answers
2 Consultations

4.8 on 5.0

Hello

You can file a case in Delhi as she is working there. If she is not comfortable then she may file a transfer application in the hc. But if she doesn't then the case will go on in delhi.

Regards

Rahul Mishra
Advocate, Lucknow
5043 Answers
12 Consultations

5.0 on 5.0

It could be transferred in case she moves a transfer application. If you last resided with her at Noida and the marriage was solemnised at Ghaziabad, in any view of the matter, you have to file this case either at Noida and Ghaziabad.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Dear client.. if the both parties staying in same state.. but different places.. then it may get transferred little easily.. but when both the parties r staying in different states then.. for transfer of the case... She have to get permission from supreme court...

Kavery Anand Pandharpurkar
Advocate, Bangalore
301 Answers
9 Consultations

Not rated

The answer is Yes , if she desired so.

Koshal Kumar Vatsa
Advocate, Gurgaon
1808 Answers
1 Consultation

5.0 on 5.0

The case can be filed either in Noida or in Ghaziabad. Delhi will not have a jurisdiction since neither the marriage was solemnised there nor you both last resided in Delhi. She can challenge the jurisdiction if you file the case in Delhi.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

Yes, it will most likely be transferred to Noida since that is also where you both last resided together.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

The divorce case can be filed in the place of marriage or place where both last resided together or the current place of the wife.

So you may decide which would be the best place to file divorce case.

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

You cannot choose a jurisdiction.

However in your case it is an option to either choose Ghaziabad (city in which last resided together) or Noida (wife's place of residence currently).

Reason:

Section 19 of the Act provides for the Court to which petition under this Act shall be presented. Every petition under the Act shall be filed with the District Court(also called as family courts) within the local limits of whose ordinary civil jurisdiction:

The Marriage was solemnized, or

The respondent at the time of the presentation of the petition resides, or

The parties to the marriage last resided together, or

In case wife is the petitioner, where she is residing on the date of presentation of the suit, or

The petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years

Susheel Kumar
Advocate, Mumbai
34 Answers

5.0 on 5.0

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