Can wife transfer the case by give application to court ?
PRAVIN
(Querist) 07 August 2015
This query is : Resolved
Dear Experts
Please suggest ur expertise for helping lady.this is from Mrs. Chhabutai Kadu
i attached lower court order copy & appeal by husband in session court/district court. lower court already refused his divorce petition TWO times.
My query is following
1) can lady transfer the appeal case in her resident district by simple application. because appeal case in not in her home district & she is old an 56 years age . and financially weak and having no income source.it proved in lower court.
2) husband is misguide to court about his resident. I have proof about his address.
3) after lower court order for appeal in district court how many days are limit ?
4) Husband marry with another lady without divorce from first wife ,can lady
file case against both (husband & his second wife) directly in court ?
Please give your expertise opinion for helping the lady.
I thanks in advance to all experts of lawyersclubofindia
Regards
PRAVIN
rajagopal.s
(Expert) 07 August 2015
Hi
I am afraid the appeal should be filed only in the higher court which has jurisdiction over the lower court.
on point 4, the lady can file a case against her husband directly in the court.
Rajendra K Goyal
(Expert) 08 August 2015
Appeal is to be filed in a court having appellate jurisdiction on the court delivered the judgement.
If husband (Hindu) married without divorce to first wife it is criminal act.
dr g balakrishnan
(Expert) 05 November 2016
yes she can get transfer the case to the court nearby, besides she can file bigamy against him in a criminal court and send him to jail .
Rajendra K Goyal
(Expert) 06 November 2016
Agree with the expert dr g balakrishnan.
