Can we divorce case transfer from maharastra to chhattisgarh
SNEHA VAIDYA
(Querist) 13 May 2013
This query is : Resolved
Dear Sir,
Please advice, Can we family divorce case transfer from Maharashtra to chhattisgarh.
Client is lady & she is residence at Chhattisgarh with His husband from several year.She has 2 child age 24-26 year. She is no other hand for earning & fight the case.
Now, his husband left before 1 year without information & launch court case in Maharashtra district court for divorce.
Please advice & give your brief suggestion for case transfer or other any substitute as per Indian law
Sneha Vaidya
Advocate M.Bhadra
(Expert) 13 May 2013
she can file an application u/sec.21A of Hindu marriage act read with 151 CPC in Family Court in Maharastra for transfer the case,failing which she can file a Petition u/sec.25 CPC in Supreme Copurt.
Sec.21A Hindu Marriage Act:-- Power to transfer petitions in certain cases. —
(1) Where—
(a) a petition under this Act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13; and
(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13 on any ground, whether in the same district court or in a different district court, in the same State or in a different State, the petitions shall be dealt with as specified in sub-section (2).
(2) In a case where sub-section (1) applies,—
(a) if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court;
(b) if the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.
(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.]
Sec.25 C.P.C.;---- Power of Supreme Court to transfer suits, etc.
(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding 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.
(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]
Raj Kumar Makkad
(Expert) 14 May 2013
Only Supreme Court can transfer under section 25 of CPC. Section 21A of HMA has no application in such matters.
Raj Kumar Makkad
(Expert) 14 May 2013
The petition filed in Maharashtra can definitely be got dismissed on the ground of jurisdiction.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 May 2013
First of all your spouse got wrong advice for filing the divorce case.
Laws in such matters favor weaker sex whether we like it or not.
In the instant case only SC can transfer it and so you can file case for transfer at SC and your spouse has to attend and defend it.
In such cases transfer can be taken far granted.
V R SHROFF
(Expert) 14 May 2013
Only SC can trf Divorce cases of Fly ct.
dr g balakrishnan
(Expert) 05 November 2016
she can seek transfer of the case in the same court, then the court might order on the grounds will give appropriate judgement after all she has sufficient grounds for transfer of the case.
