Rabin Adhikari (Student) 15 August 2011
What are the steps involved in Divorce Proceedings under HMA ? After the Opposite Party files the Written statement what the magistrate supposes to proceed and whether it is legal on his part to adjourn the proceedings if the opposite party does not join for mandatory reconciliation despite the petitioner present on more than two occasion ?
adv. rajeev ( rajoo ) (practicing advocate) 15 August 2011
After filing WS next stage will be for conciliation, if it is failed then next will be the evidence of the petitioner.
Rabin Adhikari (Student) 11 September 2011
| Originally posted by :Rabin Adhikari | ||
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What are the steps involved in Divorce Proceedings under HMA ? After the Opposite Party files the Written statement what the magistrate supposes to proceed and whether it is legal on his part to adjourn the proceedings if the opposite party does not join for mandatory reconciliation despite the petitioner present on more than two occasion ? |
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Dear Sir,
Thanks for your response. Now when the deposition of the petitioner started that means hearing/trail started, wehther High Court can trnsfer the case at the request of the Opposite Party to a different court ? [ OP filed a Tranfer Petition u/s24 CPC)
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 13 September 2011
Rabin,
HC can transfer the case under Sec 25 of CPC at anytime, however, if the jurisdiction is right where the plaint was filed, generally at advances stages the case is not transferred.
Only Truth,
Issues are fixed by court after going through the pleadings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
rajiv_lodha (zz) 13 September 2011
@ Rabin!
Though Shonee has cleared the doubts, but remember most of the juges are keen in shifting the divorce cases at the will of respondent wife even at prosecution evidence stage.
Other merits of the case also play a role in transfer application!
Best luk!
rajiv
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