Shifting to another city divorce case pending cannot attend hearing

after filing the petition of divorce can i go to another city and shift there for job?i am supposed to come again n again?currently i am in lakhimpur kheri n planning to shift to shift hone k bad bar bar ana to ni pdega?

Answers (4)

252 votes

Dear Client,

Transfer of cases relating to Matrimonial Disputes from a court situated in a particular state to a court situated in another state, can only be done by the way of Transfer Petition which may be filed by either party to the case before Hon'ble Supreme Court of India. Such Transfer Petition is filed under Section 25 of Code of Civil Procedure, wherein under the said provision, Supreme Court of India has original Jurisdiction to transfer a civil case relating to Matrimonial Dispute, based on facts of the case, & circumstances of parties, and if such transfer is expedient for ends of Justice, which is in your case the case would be transferring from Lakhimpur Kheri to Bangalore which is a different state. In such cases Courts are usually inclined in favour of Women.

Usually Divorce cases can be transferred by Supreme Court, when Transfer Petition is filed under Section 25 of Civil Procedure Code. Matrimonial Disputes may also involve cases, which are generally in nature of "Criminal Cases" like Maintenance Application under section 125 Cr.PC or a Application under Domestic Violence Act, which may be sought to be transferred by filing Transfer Petition/Application before Hon'ble Supreme Court of India.

Furthermore you might have engaged a counsel for your representation in Lakhimpur. Therefore you will not be required to visit Court on every date fixed however failure to appear at a scheduled court appearance can have serious consequences for you and your case. In case of any other clarification please feel free to contact.
Tushar Bahadur,
High Court Lucknow.

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250 votes

yes you do have to come when your case is listed or when the court calls you for some query if you have some grievance or u want to shift this case from one state to another state other than uttar pradesh you have to file a TA transfer application in supreme court.

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78 votes

Dear client,

You can file transfer application in the concerned high court.
But, by moving aforesaid application you can transfer your case to any other district of your state.

You can also communicate with me via phone call for better advice.

Akash Sharma Advocate High Court Allahabad.

123 votes

If you file mutual divorce. Then you only come twice.
Firstly when you file it.
Second after 6 month on next date/final date.
Or if you file on any other ground then you should appear on every date.

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