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Want to know the grounds and procedure for transferring my case
25-Mar-2023 (In Family Law)
i belongs to muslim community. filed a petition for maintanence from my husband for myself and my daughter because of my husband's immoral life. while the suit going on my husband divorced me and married that same lady . Also made a bogus document, the house that we stayed (owner was my husband)was sold to his freind . one more suit was filed to cancel this sham deal. my orginal petition/ suit given for maintenance & cancellation of sham deal was dismissed by native district family court for my & my advocate's non appearance in 2016 . since 2016 i am staying in another district. right now i am approaching high court to restore both the suit's, and proceed with it. along with restoration i would like to transfer the suit to near by family court where i am staying now. what are rules & procedures ,whether i can ask restoration and transfer of cases at the same time to high court? or restoration first, in my native family court, then again file application for transfer of suit?
Since the suit is dismissed for default ( whatever may be the reason) in the eyes of law, no such suit exists. So the transfer of suit/petition cannot be done at this stage. First you approach the concerned court in which your matters were filed for restoration. After getting the suit/petition restored to file, then only you can move for the other steps
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Adv. Hari C.G
Palakkad | 100+ Answers
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The high court has to the powers to transfer of case from one court to another when filed within the same state. Courts are usually inclined in favour of Women. The best option in your case is that, first you have to restore the case and then transfer the case to new jurisdiction. But you have to convince the court about the valid ground for transfer the case . The transfer of case from one court to another may not change the nature of the trail or the relief nor does it changes the subject position but with the addition of such provisions the legislature and the judiciary imparts a huge impression on the subject about the principle of equity and good conscience.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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There is no chance of transferring the suit . By the way, how your husband had divorced you? ..
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Adv. P Venu
Vaikom | 500+ Answers
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