LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rekha (fsf)     19 October 2011

Transfer adivorce petition via supreme court

I want to transfer a divorce case form one sate to other state by e-filing by supreme court. This will be done by Supreme court web site.

I have got doubt while trying to file it.

 

Case Type :- which case type? (Short form for the case type). What is the appearance Memo which has to be attached. (Divorce case is going on in other state. The lawyer is attending it and taking the dates. But didnt couter file. Earlier I recieved the dates from the court but now I am not as the lawyer is taking the dates. So what to be attached there?)

Article / Section:- What should be entered here.

ACT DETAILS Central /State (Which option can be choosen?) Section rules/Article No. (Is it section 25 or what?)

Please guide me in this respect. I have applied for maintananace here now. We were married 12yrs back and we are living separately from past 8 yrs as I was torchured for dowry and now threatened to kill, though he visted some times after big gaps. What will happen if I will file Domestic violence act? I want him to live here with me. But he do not want to live here. And I can there as I have got life danger there.

Or else if I will apply for Legal separation then can he remarry?

Thanks!



 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2011

Dear rekha

if you can file sepration then he can not remarry till the court passed an order and passed decree of divorce.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

Well, I am not sure about efiling thing.

 

Your PWDVA, 2005 is time barred and no you can not marry during seperation unless divorce decree is passed.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

Also, even after e-filing you would have to come for arguments in SC.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     20 October 2011

Dear Querist,

 

It is advisable if you would engage a lawyer practising in Supreme Court and who knows practice and procedures. It is thus, you immediately contact some or any of them. This will reduce your agony and save time.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Email: nudelhilawfora@gmail.com

(M) 9013307807, 9899259811


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register