My wife and I are from Kolkata, but both work in Bangalore. We’re going through a divorce, filed in Bangalore court. During mediation, she wasn’t cooperative. Then, when I went to see our child, she accused me of domestic violence (498A) but the police didn’t register it. Now she’s moved back to Kolkata and filed a transfer petition in the Supreme Court to shift the divorce case there. Is there a way to keep the case in Bangalore?

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Apni Law
Law Forum › Category: Divorce › My wife and I are from Kolkata, but both work in Bangalore. We’re going through a divorce, filed in Bangalore court. During mediation, she wasn’t cooperative. Then, when I went to see our child, she accused me of domestic violence (498A) but the police didn’t register it. Now she’s moved back to Kolkata and filed a transfer petition in the Supreme Court to shift the divorce case there. Is there a way to keep the case in Bangalore?
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Apni Law Staff asked 2 years ago

My wife and I are from Kolkata, but both work in Bangalore. We’re going through a divorce, filed in Bangalore court. During mediation, she wasn’t cooperative. Then, when I went to see our child, she accused me of domestic violence (498A) but the police didn’t register it. Now she’s moved back to Kolkata and filed a transfer petition in the Supreme Court to shift the divorce case there. Is there a way to keep the case in Bangalore?

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Apni Law Staff answered 2 years ago

Under Indian law, the Supreme Court can transfer a case based on convenience and ends of justice. Since you both work in Bangalore, the Bangalore court is more convenient and likely to have jurisdiction. You can argue against the transfer, highlighting your residency and the fact that the Kolkata police did not register a complaint against you.

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