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Transfer of divorce case to another taluk court by order of PDJ


26-Feb-2023 (In Divorce Law)
Matrimonial case filed by husband in family court against wide for divorce ,wife residing in another taluk can she file for transfer in principal district and session court to transfer the case to her taluk where the principal civil judge court is there ,my doubt is as family court is of district judge cadre can the case on the file of family court be ordered to be transferred by pdj court under sec 24 of cpc
Answers (3)

Answer #1
698 votes
Respected

She can seek for transfer but only before the High Court. District Judges do not have any power to transfer the case.

The person who intended to transfer, move the necessary petition before the high court and seek permission . The High Court only having the power to transfer.

Answer #2
590 votes
No in this case the case for transfer can be transferred by the high court if the family court and PCJ court are situated in same state, if the two courts are situated in two different states then case has to be filed in supreme court.
Answer #3
984 votes
You have to petition before high court under section 24 of the code of civil procedure code. Only high court have power to issue order of transfer of petition from one district to another district. Therefore you have to approach high court

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