Navin 21 November 2017

Change of jurisdiction for section 125

Hi,

I filed divorce petition in Karkardoma court and its been 2 years now.

My wife filed a case under sec 24B in the same court. Also, she filed a case under section 125 CRPC, but section 125 she filed in her native place in U.P and in a very remote village.

While fighting against 24B & 125. I somehow managed to get evidences that she is working and earning salary and residing in Gurgaon for the past 1 year. Based on the evidences I moved an application under sec 340 in Karkardoma court.

Now, I want to understand if I can request/appeal to the hon' court to change the jurisdiction for section 125 as she is not residing there and it is only for harrassment.

Thanks,

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3 Replies

Vijay Raj Mahajan (Advocate) 21 November 2017

For change of jurisdiction of district court in UP to district court, Karkardoma, Delhi you will have to file transfer petition in the Supreme Court of India under section 25 of the Civil Procedure Code.

The chances that you will get transfer order from the Supreme Court depends on the grounds on which you seek this order.

Navin 24 December 2017

Thank you.

Navin 24 December 2017

Hi,

In rference to my previous post, there has been a new development. The application under section 340 that i moved against my wife has not been admitted officially by the Hon' Judge. Judge said that 340 applications are not of priority in Family courts and neither Hon' Judge forwarded the application. On the contrary Hon' Judge said She is more interested in starting the arguments for Serc 24B of interim maintenance. This is the section where my wife filed forged financial affidavit. Also, Judge allowed my wife to file a fresh affidavit. I do not understand this biasing. Is this legal? Why Hon' Judge is not taking any action on the fraud committed but is more inclined towards giving my wife my money even when she clearly misused law and lied under oath.

Thanks