Divorce file - how to transfer
Magee
(Querist) 16 August 2014
This query is : Resolved
Sir,
My advocate told me this is not possible to transfer the case in Mumbai high court , b'coz marriage place in pune.But only marriage place in pune , my born & school & parents home in mumbai .
so this is right - i can't possible to transfer the case in mumbai high court.
Please suggest what i do . i don't want to go my native place.
How can i transfer my divorce case in Mumbai.
ROHIT SHARMA
(Expert) 16 August 2014
1. In matter of divorce petition it can be filed either at the place where the marriage took place, or where the coplues together last resided or at the place where the wife is staying.
2. Since you are staying with your parents in Mumbai then the petition filed in Pune can be transferred to family court in Mumbai by making an application u/s 24 of the Civil Procedure Code before the H.C. Mumbai.
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
I agree with expert Mr. Rohit Sharma that you can transfer the divorce case to a family court near your home in Mumbai, if your lawyer doe not agree to it, change the lawyer mercilessly, because he may not be able to take up your case successfully too.
ajay sethi
(Expert) 16 August 2014
you have to file petition in HC for transfer of case to family court mumbai if you are staying in Mumbai
Rajendra K Goyal
(Expert) 16 August 2014
File petition at High Court to transfer the case at Mumbai. You are staying at that place with your parents.
Magee
(Querist) 16 August 2014
Thanks for replay.
But sir my lawyer told me this is very difficult process & we have so much expenses on this file transfer.
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
As suggested you may change the lawyer, why do you want to stay glued to your lawyer's discouraging advise alone, if so, what is the use of taking a second opinion from this portal?
Magee
(Querist) 18 August 2014
Sir,
First of all i thanks to all of you and this site who give best advice & knowledge about the law .
Now i am not good financially condition to change the lawyer. so this is main reason i rise the query here.
Thanks for all of you.