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Can we transfer divorce case in another city
04-Jul-2023 (In Divorce Law)
One of my friends mother is currently fighting a divorce case in City of her residence for last 2 years and now it was turn of respondent(husband) to be cross examined and provide witness (as wife and her witness have been examined already by respondent lawyer), but the respondent isn't turning up and infact filed a RCR Petition in different city to avoid/delay the divorce case and alimony petition which his also pending reply. I understand based on my knowledge that a transfer petition can be filed by the wife in this case in High Court on grounds : - she has pending litigation
MADAM
IN YOUR CASE YOU CAN APPROACH THE HIGH COURT BY WAY OF TRANSFER CMA REQUESTING THE COURT TO TRANSFER THE CASE TO SUCH A PLACE IN WHICH OTHER CASES ARE PENDING. GENERALLY COURT WILL ALLOW YOUR PETITION BECAUSE THEY CONSIDER THE INTEREST OF THE WIFE UNLESS THERE IS ANY EXCEPTIONAL CIRCUMSTANCES. IN YOUR PETITION YOU CAN ALSO REQUEST THE COURT TO STAY THE PROCEEDINGS.
IN YOUR CASE YOU CAN APPROACH THE HIGH COURT BY WAY OF TRANSFER CMA REQUESTING THE COURT TO TRANSFER THE CASE TO SUCH A PLACE IN WHICH OTHER CASES ARE PENDING. GENERALLY COURT WILL ALLOW YOUR PETITION BECAUSE THEY CONSIDER THE INTEREST OF THE WIFE UNLESS THERE IS ANY EXCEPTIONAL CIRCUMSTANCES. IN YOUR PETITION YOU CAN ALSO REQUEST THE COURT TO STAY THE PROCEEDINGS.
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Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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sir,
In india ladies having right to transfer the cases to their native places, for that file a transfer petition to transfer the cases to native place that she is unable to come to husband place. you can file.
In india ladies having right to transfer the cases to their native places, for that file a transfer petition to transfer the cases to native place that she is unable to come to husband place. you can file.
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Adv. S.Malla Reddy
Hyderabad | 100+ Answers
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Hi
The high court has to the powers to transfer of case from one court to another when filed with in the same state.
If your friend's mother has filed the case first and the case also has advanced to the extent that the respondent is cross examined, the high court will naturally ask the husband to attend the hearing at the place where the wife had filed the case.
if the husband has filed the case after coming to know that the wife had filed the case in a different city, then the court will quash the case filed by the husband as courts do not entertain multiplicity of proceedings in eyes of law.
So in your case, you need to first know who filed the case first and whether notices were served and received on the other party(Husband). if the notices were received by the other party, (husband)then the husband cannot file a RCR/Divorce petition in the court and if any such case is filed, then the high court will club the case of husband to the case filed by the wife or quash the case filed by the husband.
hope this helps.
The high court has to the powers to transfer of case from one court to another when filed with in the same state.
If your friend's mother has filed the case first and the case also has advanced to the extent that the respondent is cross examined, the high court will naturally ask the husband to attend the hearing at the place where the wife had filed the case.
if the husband has filed the case after coming to know that the wife had filed the case in a different city, then the court will quash the case filed by the husband as courts do not entertain multiplicity of proceedings in eyes of law.
So in your case, you need to first know who filed the case first and whether notices were served and received on the other party(Husband). if the notices were received by the other party, (husband)then the husband cannot file a RCR/Divorce petition in the court and if any such case is filed, then the high court will club the case of husband to the case filed by the wife or quash the case filed by the husband.
hope this helps.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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