HMA section 13(i) and section 13(ii)

Question

HMA section 13(i) and section 13(ii)

26-Jul-2023 (In Divorce Law)

My daughter has been living with us for the past 1 and half year after marriage. Her in laws have filed for divorce under section 13(i) and section 13(ii). My daughter is working and they wanted all the money or they wanted her to leave the job. Also she had no freedom as she was working from home and was not allowed to leave the house without permission. What should be done in this case as we live in a different city. What is the procedure to transfer the case to our place.

Answers (6)

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Adv. Sampanna Pani Adv. Sampanna Pani

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Advocate Kartik Krishan Sood LawRato · Accepted Answer · 2022-07-26T20:40:00+05:30

Answer #2

sir transfer of case depends on the circumstances on which the transfer is being sought. you have to file a petition for seeking transfer of the case. for further queries please feel free to contact

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Advocate Jitender Singh LawRato · Accepted Answer · 2022-07-26T21:52:53+05:30

Answer #3

You need to file a transfer petition in the High Court if you wish to transfer it within your own state. If the state is different then the petition will be filed in the Supreme Court. For more legal assistance I am just a call away.

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Advocate Kunal Seth LawRato · Accepted Answer · 2022-07-26T23:17:52+05:30

Answer #4

Transfer of matrimonial disputes under Section 25 of the Code of Civil Procedure: Section 25 of Code of Civil Procedure (CPC) talks about the power of Supreme Court to transfer suits on the application of a party. If the Supreme Court is satisfied that an order under this section is expedient for the ends of justice, it can direct that any suit, appeal or other proceedings be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

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Advocate Abhinav Sharma LawRato · Accepted Answer · 2022-07-27T12:18:30+05:30

Answer #5

Hi In case you want to transfer a case the proceeding for TP will have to be filed. In case you wish to settle the matters right now that can also be done in the court in which they are pending. Feel free to get in touch to discuss further. Regards Adv. Abhinav Sharma

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Advocate Malini Jain LawRato · Accepted Answer · 2022-07-27T14:06:11+05:30

Answer #6

Hi For getting the case transferred to your own city you have to file an application in Supreme Court of India for the transfer of your case to your city. In your case 13 (ii) that is 13 subclause 2 is not applicable since it needs to be two years of the spouse leaving his/ her spouse for claiming desertion. 13 (I) that is ‘cruelty’ you can reply defying and refusing all the claims and mentioning the atrocities and torture that your daughter have suffered instead. Thank you

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