A couple got married in District A, Uttar Pradesh. After filing a complaint against her husband (498A), the wife moved to District B with her parents, but continues to work in District A. Her husband works in District C, also in Uttar Pradesh.
The wife has filed for divorce in District B. My questions are:
1. Can she legally file for divorce in District B, considering Clause IV of Section 19?
2. What legal options does the husband have to get the case transferred to District A or District C?
Best Answer
Under Section 19(4), the wife can file for divorce in District B since she resides there with her parents. The husband can file a petition for transfer of the case to either District A or District C, claiming that District B lacks jurisdiction as the marriage was registered in District A, and/or the husband resides in District C.
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