Where to File a Divorce Case, and How a Case Is Transferred to Another Court

Which court can hear the case

Under Section 19 of the Hindu Marriage Act, 1955, a petition may be filed in the district where the marriage was solemnised, where the respondent resides at the time of filing, where the parties last resided together, or, if the wife is the petitioner, where she is residing on the date of the petition. Where a Family Court has been set up under the Family Courts Act, 1984, the case lies before it.

When transfer is sought

Spouses often live in different cities after separating, and the husband's petition may be filed far from where the wife now lives with the children. Travelling for every date can make it difficult for her to defend the case. The law allows such a case to be transferred to a more convenient court.

Transfer within Bihar and between states

• Within a district: the District Judge, under Section 24 of the Code of Civil Procedure
• Between districts in Bihar: the Patna High Court, under Section 24 CPC
• Between states: the Supreme Court, under Section 25 CPC

What courts consider

The Supreme Court has repeatedly held that, in matrimonial cases, the convenience of the wife is ordinarily given greater weight, particularly where she has custody of young children, lacks independent income, or would have to travel a long distance. This is not absolute, and the court considers the circumstances of both parties.

Hearings by video conference

Courts increasingly allow parties living far away to join some hearings by video conference, which can reduce the need for transfer. Personal presence may still be required for mediation, evidence and other key stages.