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How to transfer divorce proceedings to different court
04-Jun-2023 (In Family Law)
Dear sir/madame My son have filed a case of divorce against his wife in Bareilly court,because marriage is registered here in Bareilly and marriage took place here in dtd 31/01/2009,by Hindu ritualsShe stayed at bareilly only 1 year.Her parents always used to come and take her away there home,because she earned some money to give them. After 1st hearing of divorce case at bareilly she filed another case at her parent station (Deheradun),Now please let me know that is there any ruling to hold the deheradun case untill Bareilly case is over or to "stay",Deheradun case or vice versa.Thank you
As per my memory a similar case has been discussed a few days ago on this site if I am not wrong is this the same case where I was told that after attending first date of divorce the wife has filed the same case in Dehradun of same nature.
Anyways as far as your query is concerned if your son has filed divorce case which is pending in the family court of Bareilly when the case of same nature cannot be filed anywhere in India by both the parties.
You have an option if you have received someone's from Dehradun Court you should go there and move and appropriate application that the second suite of save nature is not maintainable under civil procedure code for better guidance meet some good family lawyer.
There is no ruling but a settled law that two similar cases in two different places cannot be filed.
The second case if it is of same nature is liable to be dismissed.
thank you.
Anyways as far as your query is concerned if your son has filed divorce case which is pending in the family court of Bareilly when the case of same nature cannot be filed anywhere in India by both the parties.
You have an option if you have received someone's from Dehradun Court you should go there and move and appropriate application that the second suite of save nature is not maintainable under civil procedure code for better guidance meet some good family lawyer.
There is no ruling but a settled law that two similar cases in two different places cannot be filed.
The second case if it is of same nature is liable to be dismissed.
thank you.
Helpful?
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Adv. Varun Chaudhary
Ghaziabad | 25+ Answers
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What kind of proceedings she initiated against, please detail me and provide all details of your cases so you could be properly advised, else supreme court holds the view to transfer all the proceedings to the jurisdiction of local limits of girls.
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Adv. Vineet Saini
Saharanpur | 25+ Answers
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If your son's wife has filed a suit at Dehradun, you can move the supreme Court for transfer of that suit to bareilly as a suit is pending their, recently supreme Court has decided such cases in favour of boy and transfer such cases at the convenience of the male party. Kindly contact a lawyer through Larato for filing an appeal at supreme court
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Adv. Aasif Razzaque Khan
Lucknow | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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