Transfer of hmop from one court to another
pushpakrishna
(Querist) 30 August 2015
This query is : Resolved
dear experts,
Wife filed a Maintenance petition at her place and husband filled Divorce petition at his place .now wife filed a petition for transfer of Divorce petition in a district Court which is neither her place nor husband .why she filed the transfer petition in the district i am not able understand.cant we file a counter in the district court to reject the same kindly advice on this.
one more thing sir, a sub court given Divorce to the husband along with payment of ALIMONY of Rs.1,00,000/- and another court given for the same maintenance to her 2,000/- per month.for which we have to prefer an APPEAL. paying ALIMONY enough to avoid payment of maintenance.kindly give me the suitable advice on the above both the situations. thanq in advance dear experts.
SAINATH DEVALLA
(Expert) 30 August 2015
In general, the most important factor to consider when filing for divorce in different place is residency.Each state has its own residency requirements. It is important that you file for divorce in a place you are a resident of otherwise the court will not be able to consider your case.
In order for your divorce to be effective, the court where you file for divorce has to have jurisdiction over you and your spouse. The court gains jurisdiction over your out of state spouse if you have the divorce papers served to your spouse in person, or if your spouse consents to jurisdiction by appearing in the court where you filed or signing an affidavit confirming that he or she has received the divorce papers.
If you and your spouse live in different places presently, each of you may file in your own individual place as long as you both meet the requirements of residency and jurisdiction. The choice of place is important, because it often determines issues such as child custody rights and the division of property.But the place where one has filed the case should either be her marital home,or her parental home or her present place of living or the place where the marriage has been performed.
Rajendra K Goyal
(Expert) 30 August 2015
You say divorce has been granted by sub court giving alimony and another granted divorce by giving maintenance, wife has filed another divorce case in another town.
Please clarify situation how multiple divorce cases has been filed / running.
Transfer petition for divorce cases are filed in High Court if transfer is sought in same state and in Supreme court if transfer sought in another state.
pushpakrishna
(Querist) 30 August 2015
Dear experts
both cases are seperate.one is regarding transfer petition.and another is for appeal aganist granting maintainence by jfcm.thanq.
pushpakrishna
(Querist) 30 August 2015
Dear experts
in the first case is diverce case is pending for disposal and interim maintainence is granted.and main mc is pending for disposal and in the mean time wife has filed transfer petition in the district court.both are living in the same disyrict.but diverce petition filed by the husband at his place and the same is pending for disposal.thanq and hoping for a positive advice in this regard.
Dr J C Vashista
(Expert) 31 August 2015
1. Whether both the cases have been admitted within the same district? If not, the wife has to approach concerned High Court (where husband has filed the case; for transfer to the residence of wife-if it is within the same state; otherwise before the Supreme Court). Clarify your position.
2. Whether alimony of Rs. 1 lakh has been awarded ex-parte or contested? How an interim maintenance of Rs. 2,000/- pm has been awarded? However, nothing can be presumed, opinoned and advised in the absence of relevant information.
3. When the case(s) are being filed/ contested what do you want to know and expect from the experts on this platform? Do you want to cross-check your lawyer's ability and stretagy? If so, it is bad and no reply/advise can be rendered, seek further guidance, advise and proceeding through your counsel only.
Dr J C Vashista
(Expert) 31 August 2015
1. Whether both the cases have been admitted within the same district? If not, the wife has to approach concerned High Court (where husband has filed the case; for transfer to the residence of wife-if it is within the same state; otherwise before the Supreme Court). Clarify your position.
2. Whether alimony of Rs. 1 lakh has been awarded ex-parte or contested? How an interim maintenance of Rs. 2,000/- pm has been awarded? However, nothing can be presumed, opinoned and advised in the absence of relevant information.
3. When the case(s) are being filed/ contested what do you want to know and expect from the experts on this platform? Do you want to cross-check your lawyer's ability and stretagy? If so, it is bad and no reply/advise can be rendered, seek further guidance, advise and proceeding through your counsel only.
