If 498A is proved to be a wrong case, can i file a Divorce case against her in my place from where she left

2 years ago

Hi Sir,

My wife has filed "Nullity of Marriage", a false case against me. This case she has put in her home town despite she is working in my place.
She has also filed wrong 498A and DV Cases.
My Question:

If 498A is proved to be a wrong case, can i file a Divorce case against her in my place from where she left(since nullity of marriage was the case filed by her in her hometown and not the divorce case)

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Tanmoy Chattopadhyay

Responded 2 years ago

A.The law is you being the husband can file the divorce case at the following places: 1. Place of marriage. 2. Place where the wife is residing. 3. Place where you both resided together. Kindly be informed that the law as it has evolved from the case laws is such that the wife has a predominance over the place of suit in matrimonial matters and hence even if you file the case in your place the wife ordinarily get the same transferred to her place of convenience.

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Pooja Sathe

Responded 2 years ago

A.Yes, you can file a divorce case against her in your place from where she left. Without proving 498A is the wrong case you can file the divorce petition against your wife, simultaneously you can run both cases.
But before considering any advice from our side we need more information relating to this present matter.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello Sir
If you want a divorce and you people have been living seperately for more than 1 years and you don't want to get back together then you could surely file a divorce petition in the court, and obtain the divorce decree from the court. Contact a lawyer in your city and file a divorce petition.
Thanks
Please rate if you find this advice helpful.

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Anik

Responded 2 years ago

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A.Hello
If you people are living seperately for atleast 1 year then you could surely file a divorce petition in the family court. If you want a divorce you could file it by contacting a family lawyer in your city.
Thanks
Please rate if you find this advice helpful.

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Sidhaarth

Responded 2 years ago

A.Details are required to be examined. If facts so permit then You can challenge the jurisdiction of court at your wife's native place and can pray for dismissal of case. You can also get transferred your case in your city's court. If one year of marriage has not expired then divorce case cannot be filed. You are not required to wait outcome of case and you can also file divorce case if one year has expired.

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Lucem Leg

Responded 2 years ago

A.Dear Sir,

You can file divorce case on the basis of false charges charged upon you by the wife if, in case the 498A proves to be wrong, otherwise, you can file it on some other ground.
Case can be filed by the petitioner at any place, where the marriage was solemnized; where the wife resides; where the husband resides.

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