LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Selvi   01 February 2017

High court have authority to give divorce?

Shall v move d hmop case from local court to high court? Hmop case is pending in Chennai subcourt now .Our marital home is chennai.so my hubby filed hmop in chennai.but am staying in my parental home .My jurisdiction is within madurai high court. 1)Shall v transfer hmop Case from Chennai subcourt to madurai high court? Or can v only tfr from Chennai subcourt to hometown subcourt? 2)High court have authority to passed divorce order? Expect your valuable expert advice/suggestion!


Learning

 4 Replies

saravanan s (legal advisor)     02 February 2017

You got to file the transfer petition in the high court to transfer the case within the state.case will be transferred to the Madurai family court

(Guest)
Originally posted by : Selvi
Shall v move d hmop case from local court to high court?
Hmop case is pending in Chennai subcourt now .Our marital home is chennai.so my hubby filed hmop in chennai.but am staying in my parental home .My jurisdiction is within madurai high court.
1)Shall v transfer hmop Case from Chennai subcourt to madurai high court? Or can v only tfr from Chennai subcourt to hometown subcourt?
2)High court have authority to passed divorce order?
Expect your valuable expert advice/suggestion!

Wait for case to get over in lower court. Dont jump the gun.  However to get the case transferrred from one court to another you will have to approach HC.

Selvi   02 February 2017

Saravannan sir,1) Can I transfer only to madurai family court? Not to Madurai high court? 2)High court have authority to undertake hmop case & to pass divorce order? 3)Within any state of local court shall v tfr? Or within local court of my residence jurisdiction shall v tfr ?

A walk alone (-)     02 February 2017

HC has power to transfer case within state.you can file transfer petition in HC and get it transfer in Madurai family court. First case will decide in lower court than you can further appeal in higher court against that decision

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register