Family law
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(Querist) 21 February 2015
This query is : Resolved
My wife filed sec. 9 before 9 years, its still pending for evidence.
Now I want to file divorce. We live in seperate state.
I will file it in my own home town where i live. and sec. 9 is running in her meternal home town. My questions are -
1) If she appeared in divorce case whether this divorce case be transferred where sec 9 is running?
2) If she didnot attended divorce case even after diliver of summons as per court process, whether court granted it ex parte in faviour in me ?
3) Can court on itself transfer this case where sec 9 is running ?
Pl. clarify point wise and suggest if something required and beneficial for me.
regards.
Devajyoti Barman
(Expert) 21 February 2015
1. Transfer is more likely.
2.court is free to grant ex-parte divorce.
3.No, it can not.
Dr J C Vashista
(Expert) 22 February 2015
I agree with expert advise of Mr. Devajyoti Barman despite the fact that the author is "anonymous".
The author is cross-checking his lawyer, as he has been contesting RCR case for the last 9 years and the framing of questions is purely professional/academic.
Rajendra K Goyal
(Expert) 23 February 2015
Agree with the expert Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 24 February 2015
