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Richa (HR)     14 November 2012

Can we shift location in divorce case

 

Hi, If I file a case in Divorce case in Delhi and after say....2 months, can I shift the same to Mumbai?

 

Let me know.

 

Thanks.



Learning

 7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 November 2012

Yes - a transfer can be got done by the Supreme Court of India by filing a transfer petition. If the same is expedient in the ends of justice - the Supreme Court has the power to transfer the case from one state to another. 

 

Good Luck !

 

Bharat Chugh - Advocate Supreme Court of India

Law for Layman (Laws of India Initiative)

*www.advocatebharatchugh.wordpress.com

*www.bharatchugh.wordpress.com

*www.facebook.com/advocatebharatchughonthelawsofindia

*https://www.thelawsofindia.blogspot.in

 

 

Chetan Joshi (Advisory/Advocacy)     15 November 2012

Hi Richa..

 

Yes Supreme court may transfer a case by giving an application/petition under sec 25 of C.P.C....

 

You may go through the following for a better understanding:

 

https://indiankanoon.org/doc/1372049/

 

And

 

 

The Supreme Court has the power to transfer any suit ,appeal or other proceedings from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State on the application of a party.
Every application under this section shall be made by a motion which shall be supported by a affidavit.
The Court to which such suit, appeal or other proceeding is transferred shall , subject to any special directions in the order of transfer, either re-try it or proceed from the stage at which it was transferred to it.
If the application is frivolous or vexatious, the Supreme Court may order the applicant to pay by way of compensation to any person who has opposed the application such sum , not exceeding two thousands rupees. –

Sec 25. Power of Supreme Court to transfer suits, etc.(C.P.C)

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]
 
Regards
 
Chetan(dot)7679(at)gmail(dot)com

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     15 November 2012

It will depend on the merits of the case since other party will be given chance to oppose your petition.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2012

It can be done, however there should be very strong reasons to do it.

 

 

 

Regards,

 

Shonee Kapoor

 


(Guest)

If you prove sufficient reason to transfer the case than you cn shift your case. You have to file transfer petition in SC

rajiv_lodha (zz)     17 November 2012

U urself are initiating divorce proceedings at delhi & plan to shift this case to mumbai after a short gap of 2 months. Why not wait for 2 months & start from mumbai itself?

Coz SC wil like to see the compelling reasons to shift such type of case to mumbai after 2 months of u filing it


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