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rama (engineer)     24 January 2014

Divorse case transfer_need urgent help

Hi All,

     Before two month, I filed divorce on mental cruelty at Family court in my home town ..My house is 500 KM away from her house..Now she apply at High court to transfer the case to her jurisdiction.

 

My question is that:

1. Although in her native place  there is no family court, so is it possible her to get transferred?

2. Another alternate is that, under jurisdiction the family court situated at 200 KM away from her house.

3. But another family court is there, which is 30 KM away from her house (but in different dist.)..and this court will be nearer to me..

 

So can you suggest, whether can I appeal that, although the court which is situated not in her jurisdication, but it will convenient for me as well as her side also..

Please suggest how to appeal in such case?



Learning

 4 Replies

Dr J C Vashista (Advocate)     25 January 2014

Answer to your questions is that:

1. Although in her native place there is no family court, so is it possible her to get transferred? Yes, District/Addl.District Judge will be assigned the case.

2. Another alternate is that, under jurisdiction the family court situated at 200 KM away from her house. No

3. But another family court is there, which is 30 KM away from her house (but in different dist.)..and this court will be nearer to me..If the petitioner applies for the Court.

 

So can you suggest, whether can I appeal that, although the court which is situated not in her jurisdication, but it will convenient for me as well as her side also..

Apply and get it if she agrees. 

Biswanath Roy (Advocate)     25 January 2014

The query relates to discretionary power of the court.

T. Kalaiselvan, Advocate (Advocate)     25 January 2014

1. Although in her native place  there is no family court, so is it possible her to get transferred? Yes it is possible.

 

2. Another alternate is that, under jurisdiction the family court situated at 200 KM away from her house.  It is not necessary.

 

3. But another family court is there, which is 30 KM away from her house (but in different dist.)..and this court will be nearer to me..  It cannot be transferred there because it is not nearer to her as well as it is not situated in her district.

 

So can you suggest, whether can I appeal that, although the court which is situated not in her jurisdication, but it will convenient for me as well as her side also..

The appeal will lie in Supreme court only.

Ngaraj N Nyamati (Advocate)     19 February 2014

Dear Rama,

 

Generally, your questions can't get correct answers as we are not authorative to reply.

I too agree the views of Mr.Bishwanth Roy.

You have every right to request/apply for alternative court which is convient to both of you and wait for the decision of the court.

 

Nagaraj N Nyamati

 

 

 


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