Jurisdiction of courts in filing a Matrimonial case

919 votes

Dear Client,
What you are stating is out of four corners of law. When A filed a case in local court, that particular court will order issue of summons to opposite party and then considers the case on merits in presence of both the parties after giving opportunities to them. What you have stated is without the presence of opposite side the court unilaterally decides the case. Even then when the opposite party knows about the proceedings filed by A, then that opposite party will come to court and reopen the case and then it will decides the case on merits. When A filed a case in one particulars court and thereafter the other party filed a case in another court, without knowing the earlier case there may be conflict of judgements. For that the opposite may move the earlier case to transfer at the same place where earlier proceedings going on. For that purpose opposite party may move the Higher Courts to transfer the one case to other court where the earlier proceedings are going on,so that there may not be conflict of judgements.

Advocate Sistla Rama Krishna LawRato

879 votes

Here according to the query posted here If B seeks to file a case at Hyderabad courts and seek justice, if A is a woman then the matter gets transferred to A's place. Even then you are at liberty to file a case at hyderabad

Advocate Dwara Pallavi LawRato

591 votes

Hello,

What kind of case B wants to file in Hyderabad when the local court that has pronounced the order in a case filed by A is in other state? B needs to either set aside the order in the same court or go for an appeal either in sessions court or high court of the same state. You did not tell what kind of case A filed whether it is a criminal case or family case? Please be specific in your query so that you get better advice. Feel free to contact me with all the details so that I can be of your help. All the best!

Advocate B. Srikiran LawRato