• Divorce

My hometown is in lucknow, my marriage happend in delhi, i work in pune and my bride hometown is in bhubneshwar.

I wanted to file divorce petition in Lucknow on mental cruelity against wife. Once this petition is filed bride family will file FIR on domestic voilence, dowery in Bhubneshwar.

Wanted to understand since we were living together in pune, and FIR registed in Bhubneshwar. Will this FIR will get transferred to Pune or Lucknow or i need to file for Bail in bhubneshwar....Plse advise.
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

FIR & criminal cases are not transfered out of the jurisdiction police station. You have to file bail where fir is registered. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

It would not be transferred to Pune or Lucknow 

 

2) you have to apply for anticipatory bail from sessions court in city where FIR is registered against st you 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Hello,

  1. You can file for divorce in the place where marriage took place, where you both live together as husband and wife for the last time and where the wife is currently residing.
  2. The FIR does not get transferred from where it is filed. You have to apply for bail in the place where you reside.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

No jurisdiction for divorce in lucknow.

Divorce can be filed only in delhi, pune and Bhubneshwar.

 

You have to be ready for Anticipatory Bail in Bhubneshwar. Dont take Bail (after arrest).

for Anticipatory Bail , no need to go to Bhubneshwar.

 

wife is in Bhubneshwar as of now or she is also working in pune ?

if somehow can be in pune then something can be tried.

 

Ankur Goel
Advocate, Bangalore
454 Answers

If the FIR is regd with Bhuvneshwar, and Cruelty petition is field with Bhuvneshwar Court then it will stay with Bhuvneshwar and you will be asked to come before the court. 

However you can get the case transferred to any city by filing the transfer Petition before the Supreme Court

The Police may arrest you because unlike Delhi and Mumbai, where the date is fixed for mediation then arrest warrant is issued, there the police can directly come to you or your parents and arrest. 

So if you file any Petition and there is a anticipation of an FIR then file for anticipatory bail before the court that will also show that the case filed by the wife is out of revenge and you had anticipated that before. 

If the Anticipatory Bail or protection from arrest is rejected go upto Supreme Court for bail once the case is pending before Supreme Court. Supreme Court finds out several ways and calls both the party to settle the matter and grant the divorce but Court also fixes an amount to be paid to the wife if she is not earning. Or for dowry demand. 

The charges which a wife make complaint under, are no bailable so keep.in mind that every step you take should not contain anything which may ho against you. 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

1.Criminal cases gets transferred to another city in very rare circumstances.

2. In your case the divorce suit can be filed in Lucknow only if both you last resided together in Lucknow. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Firstly you may have to file the divorce case in any one of the following places:

the place of marriage or

the place where you both last resided together or 

The place where she is currently residing.

If she lodges criminal complaint with the the police in Bhubaneshwar, you may have to obtain bail either in Bhubaneshwar or Orrisa high court.

The FIR cannot be transferred to the place of your choice. 

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

If your marriage was performed in Delhi and the bride is not from LUCKNOW then you cannot file a divorce petition in LUCKNOW as the law ie the Hindu marriage act lays down a specific law as to where the divorce petition can be filed.

You can file where the marriage was solemnnised or where she lives.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

First Of all all, as per law, it isn’t open for you to file this divorce petition at Lucknow. It can be filed at either Delhi or Pune by you.

 

fir/criminal case won’t be transferred and you’ll have to apply for bail in Bhuwanwshwar only. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Concerned 

YOU may be suggested what not all - You can file divorce in Pune, You can file in Lucknow and you can file in Bhubaneshwar - IF your wife is in Bhubaneshwar, you should file divorce in Bhubaneswar itself. ELSE you may choose to file in Pune if you are in Pune. 

 

Unless your wife is working in Pune - IF you file a case in Pune or Lucknow it will be transferred to Bhubaneshwar, you wife being there ..

 

 

Best of luck  

 

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

Dear Sir,

1) You will have to file for anticipatory bail, in such a case in the sessions court having jurisdiction. In your case it will be Bhubneshwar where the fir has been filed.

2) The FIR cannot be tranferred to Lucknow or Pune.

Thank you

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

- As per law, the jurisdiction to file the divorce can be home town , Pune and also Delhi 

- Hence, you can file divorce petition in Lucknow as well. 

- Further, she can lodge her compliant /FIR either in Pune or in Delhi as well , and also where she is presently residing . 

- You will have to take anticipatory bail from the place where she has filed FIR i.e. Bhubaneshwar. 

 

You can contact me , if detailed suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. FIR u/s498A is regarding dowry harassment the act of harassment is now being considered by the Court as a continuous affair extended to the place where the bride is presently residing.

 

2. On the above account, FIR might be registered at Bhubaneswar by the Police and in that case you shall have to arrange to avail anticipatory bail from BBSR Court and contest the case fittingly thereafter.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can file divorce case in jurisdiction you got married to her or stayed with her after marriage. She has freedom to file all her cases based on jurisdiction where she currently resides being a woman

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

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