dns 12 July 2017

Divorce case in session court instead of family court

Hi Experts,

We are going to apply for divorce case for my sister. We contacted to lawer and he is planning to file the case in session court as there is no Judge in family court(Judge got retired and no new judge is appointed). As we are trying to convince opposite party for MCD. Is Session court Ok to apply for divorce case and will session court allow for MCD or it will go as regular case ?

Thanks in advance...

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11 Replies

Raveena Kataria (Advocate ) 12 July 2017

Removed (answers below me have it right.)

Siddharth Srivastava (Advocate) 13 July 2017

The divorce case is being filed before district jude who mark the case to family court if family court is constituted or to a additional district judge depending on circumstances.

Sachin (N.A) 13 July 2017

Agree with Adv Sidharth Srivastav.

Session court has authority to decide the Criminal matters and not civil

You need to file your petition to the district judge and district judge will mark the matter to family court or ADJ court or may himself look in to the case..

(Guest)

You can file the petition in Sessions Court in absense of Family Court Judge.

Later the case will be transferred to Family court when judge is appointed.

Siddharth Srivastava (Advocate) 13 July 2017

Thanks Mr. sachin..

Kumar Doab (FIN) 13 July 2017

Ignore the member that has deleted the account.

Kumar Doab (FIN) 13 July 2017

Agreed with all members.

dns 13 July 2017

Thank you all for poring in your suggestion. It helps.

Kumar Doab (FIN) 13 July 2017

You are welcome.

T. Kalaiselvan, Advocate (Advocate) 17 July 2017

The matrimonial dispute or the divorce cases are to be filed in the family court only if there is a family court existing.

The absence of judge in the family court will not disable the functions of the family court.

An incharge judge would be available for carrying out routine matters, hence it is advisable that the proposed MCD may be filed in the family court itself.