Sunil Patil (Engg) 06 December 2013

Transfer of divorce case to family urt

Please guide.

Yestreday my divorce case got transfered by SC to Fre Maintenace petition is pending.

Has anyone gone thro this process before and what were the procedures:

Did the court start the case from where it was left off?

I had filed the divorce case in a state that does not have HMA. When the case is transferred to Family Court will the case be considered under HMA Secn 13 or I will have to file a fresh suit or will a apllication suffice to treat the same matter under HMA?

Also any success stories would help motivation which is at a all time low.

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Mahendra Vadia (B. Com. LL.B.) 06 December 2013

Family Courts Act gives jurisdiction to Family Courts established under that act to deal with and adjudicate all the civil or criminal matters concerning a husband and wife that may be filed after establishment of the court or may be pending at the time of establishment of family court in a particular geographical locality. The cases under Hindu Marriage Act (divorce petition under Section 13) would thus be dealt with and adjudicated by Family court. The family courts proceeds from the stage at which the proceeding is running and the case need not be started from scratch. However, case number may be changed.

Advocate Mahendra Vadia,

Gujarat High Court.

9825307466