LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Fatherforjustice   07 May 2016

Transfer of suit

Dear All , Divorce case filed by applicant wife got dismissed by 'Family Court A' after hearing both parties. It took 2 years . No appeal was done nor was it challenged in high court. Now wife applicant has filed nullity of marriage in ' Family Court B '. The cause of action in both cases is same so it's clear case of res judicata. As 'Family Court A ' knows all facts I want to transfer new case filed by applicant wife for nullity of marriage to 'Family Court A' from 'Family Court B'. Matter still not started in 'Family Court B' Which Cpc Section to be used and if possible grounds for transfer.


 2 Replies

Vijay Raj Mahajan (Advocate)     07 May 2016

For the transfer of the suit from the jurisdiction of one State High Court or Civil District Court/Family Court to another, you need to file the application under section 25 of CPC.

If the Civil Distrct Court/Family Court is in the same State, to get it transfer to another Civil Court you need to file application under section 24 of CPC in the High Court of that state.

Fatherforjustice   07 May 2016

Sir jurisdiction is same ..I have to apply to principal judge in family court to transfer from one judge to another as another judge knows all facts. Sir which is the best section to file petion for transfer . Is their any CPC which in favour of defendant to choose Court sir.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register