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G. ARAVINTHAN (Legal Consultant / Solicitor)     10 January 2012

Transfer

Transfer petition filed by wife seeking direction to transfer the divorce case to other court got dismissed for the reason that no matrimonial proceedings pending before the Court where the petitioner seek for transfer.

Whether the order is correct?

What are the grounds for review?



Learning

 2 Replies

Shantanu Wavhal (Worker)     10 January 2012

may be the TP is rejected due to ''no jurisdiction issue''.

 

 

 

Jurisdiction and procedure

 

1[19.     Court to which petition shall be presented

Every petition under this Act shall be presented to the  District Court within the local limits of whose ordinary original civil jurisdiction-

(i)         the  marriage was solemnized; or

(ii)        the respondent, at the time of the presentation of the petition, resides or

(iii)       the parties to the marriage last resided together,or

(iv)       the petitioner is residing ,at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]

Shantanu Wavhal (Worker)     10 January 2012

19 (iv) discusses jurisdiction issue wrt. petitioner's residance.


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