Transfer of divorce case
Ranganath
(Querist) 07 April 2012
This query is : Resolved
Ld Counsels,
Wife filed a transfer petition before district judge on the ground that the family court is not complying with the direction of HC to dispose of the case within 3 months and delayed the disposal for 7 months. in wife's divorce petition husnad was set ex parte and all evidences are takn on record only prouncement of order is pending.
Husbands also filed a divorce which was dismissed for default and its restoration application is also pending. Is it a valid ground to invoke for transferring the cases even after the hearign in wife's petition is over.
Please clarify. thanks.
Ghanshyam Prasad
(Expert) 07 April 2012
Dist.judge court is not proper forum.you file petition bef.H.C.
V R SHROFF
(Expert) 07 April 2012
If jurisdiction is of Family Court, District court will not entertain such Application for Transfer.
Shonee Kapoor
(Expert) 07 April 2012
I differ, District Judge if he is also Principal Family Judge has the powers to transfer the case.
Though if you transfer the case, the arguments would be done again.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
