Divorce in Civil court Vs Family court
Querist :
Anonymous
(Querist) 06 March 2010
This query is : Resolved
Dear experts,
I want to file the divorce petition but I am confused in which court I should file the same. Some said file in Civil court and some to file in Family court. I would like to know what is the difference between these two court in regards to divorce proceding?
Some people have advised to file in Family court because it's immediate upper court is High Court and some says in Civil court because it's immediate upper court is District Court so I can get more chance to put up my expressions if the judgement goes against me in lower court.
Can anyone pls tell me which is the best option and why?
Can you pls also tell me the upper court for both these above courts - for Family court and Civil Senior Division court?
Thank you.
Devajyoti Barman
(Expert) 06 March 2010
Only the District Judge and the Judge of the Family Court can try the matrimonial suit. Their jurisdiction is usually determined by the Police Stations. So you better consult a local advocate for proper reply.
Querist :
Anonymous
(Querist) 06 March 2010
thank you but do you mean that any divorce petition in civil court is nothing but in district court? So its immedite upper court would be high court only?
Guest
(Expert) 06 March 2010
DONT BE CONFUSE....
Family Court- Dealing with the matters of matrimonial disputes and matters related to family laws. Presiding officer of family court is fr cadre of district judge.
district court- Superior civil court of the district. If any district there is no family court established, the District judge ve the power to deal the matters related to family law.
civil judge (s.d.) and civil judge (j.d.)- both courts are subordinate to district judge's court... thses courts ve no power to decide the matters related to family law.
SO the divorce petition should be file in family court/district court.
Querist :
Anonymous
(Querist) 06 March 2010
dear ajitabh, as per your info, civil (s.d.) and civil (j.d) has no power to decide family courts but one of my friend who has filed in civil (s.d.), his matter is in the proceding too. So how come you are saying that these two do not have power to run the family court. Pls confirm.. here in my local place nobody is giving me correct info. that's the reason I have posted my query here. Pls help
Guest
(Expert) 06 March 2010
its not possible at all. May be it was the case of maintenance under section 125 CrPC. but divorce petition in civil judge (S.D.) not possible.
Querist :
Anonymous
(Querist) 06 March 2010
dear ajitabh,
I am 100% sure about it and its civil(s.d) only. I myself have seen the stamp on his petition as civil senior division... In fact I had gone to that court and also asked the staff to know which is the upper court for this court if someone loses the case here and I got the reply as '' district court''. This case (my friend's case) is in pune court - civil(s.d).
Adv.Shine Thomas
(Expert) 09 March 2010
A divorce petition has to be filed before the family court.If there is no family court in that area then it has to be filed before the district court.
