Divorce petition
Querist :
Anonymous
(Querist) 05 September 2011
This query is : Resolved
Sir,
I am residing at Moradabad (U.P) born and brought up from Kerala, I married in 2003 from Kerala, but I left her in Kerala next year 2004 and I filed divorce petition at Moradabad, she counter filed it in Supreme court and court ordered transfer of case from Moradabad to Kerala, now after 6 years district court of Kerala dismissed the case. Rest case of maintenance, 498a are running in different courts in Kerala still.
I want to file the divorce case again at Moradabad, but they will try to get the case transfered again to Kerala. So, my question is, is there any way OR if I file the case in Allahabad High Court, then is it possible to get the case transfered from Kerala High court OR they will have to approval the Supreme Court again.
Please advise ?
Thanks in advance.
Ajit Kumar
ajay sethi
(Expert) 05 September 2011
why was your case dismissed? on what grounds you want to file case again ?
if at all you were disatisfied with order of courtin kerala you could have gone in appeal . why file a fresh case?
Querist :
Anonymous
(Querist) 05 September 2011
Judge dismissed the case saying I did not appear on date, whereas in November 2010 I appeared on the date and the judge did not even ask me any question and gave another date for December and it is not possible to take leave again for 10 days being in private job as it take 3 days to reach Kerala from Moradabad, it was not fair, they knew everything.
So, I do not want to go for an appeal in same court.
Please tell me, any High court have the powers to get transfer of cases from another High court, OR only Supreme court can do it.
Jitendar Kumar gupta
(Expert) 05 September 2011
You have to restore that case otherwise you can not file fresh case.IN kerala engage a good lawyer who can defend your case.
prabhakar singh
(Expert) 05 September 2011
WHEN IN A CASE THE PLAINTIFF DEFAULTS TO ATTEND THE COURT ON A DATE FIXED, THE COURT PASSES AN ORDER OF DISMISSAL.
FOR AN ORDER SO PASSED ONLY A RESTORATION CAN BE FILLED AND NOT ANY FRESH CASE ON THE SAME GROUNDS ON WHICH THE PREVIOUS SUIT WAS.
LET IT BE ANY THING A LITIGANT OR HIS ADVOCATE IS OBLIGED TO ATTEND THE COURT TO MARK HIS PRESENCE BUT COURT IS FREE TO GIVE DATES AND THOSE LITIGANTS WHO ARE ANNOYED OF THIS SCENARIO IN INDIAN COURTS SHOULD ALWAYS SETTLE THERE CAUSE AMICABLY OUT SIDE
THE COURT.
YOU ARE NOT ALLOWED TO APPROACH HIGH COURT OF ALLAHABAD IN THIS CASE.
TRANSFER IF RELATES TO INTER STATE ONLY Supreme court can do it.
To advise you practically it be better if you settle with her all issues in lieu of a mutual divorce.
Querist :
Anonymous
(Querist) 05 September 2011
If I file case there, then the conditions will be same and moreover I have to travel too much. As she had filed cases in 3 different court/cities and I have to travel more since 6 years. And now I want they must also bear the expenses and pain of travelling 3000 kms. So, can anybody give a good suggestion.
Thanks
ajay sethi
(Expert) 05 September 2011
the problem is you want a suggestion which suits your interest . if suit has been dismissed for defaul your option is to take out a motion for setting aside order of dismissal . you must have engaged a lawyer . take his advice
Sankaranarayanan
(Expert) 05 September 2011
yes final remedy is only by appoint an advocate and do the thing, he/she will guide u fully.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
If divorce has been refused for default, make an application in Kerala for it's restitution & fight out the case. U do not have any other option.
Querist :
Anonymous
(Querist) 05 September 2011
Thank to all the members, I will keep in mind all the instructions given by you all.
