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DVA in one state and HMOP in another state wants to transfer the case


02-Dec-2023 (In Divorce Law)
Respected sir /madam please help. I have filed maintenance under DVA and he is paying interim maintenance . He stays in Coimbatore and has filed a HMOP case and made a expartee and filed for divorce .. Please help what to do.. can I ask transfer of this case.. How to proceed this case further ..!!
Answers (3)

Answer #1
659 votes
Dear Madam,

When you have sought relief under DV Act and the Hon'ble Court has granted you interim reliefs. You may engage a Lawyer enter appearance in the said Court were your Husband has sought restitution of Conjugal rights and bring it to the notice of that Hon'ble Court that you have intiated appropriate proceedings under the DVAct.

Your other query as to transfer of the case is not permissible under Law.
Answer #2
960 votes
you can seek transfer of HMOP case from Coimbatore to Bengaluru or ur place .. If it is inter state transfer then you have to approach supreme court and if within the same state then you have to approach high court under seeking transfer
Answer #3
708 votes
Madam if the case where you have filed Dva and the place where he has filed for divorce is in different state then you have to file transfer petition in supreme court, if it is in same state then concerned high court can be approached for transfer, or you can engage an advocate at Coimbatore and file application for setting aside exparte and also file application under section 24 for litigation expenses and travelling expenses and proceed with the matter and attend only on important dates when your presence is required.

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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