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13b

(Querist) 06 February 2012 This query is : Resolved 
both party give app in family court(kutum nayalya) judje not acccept app because he is tranferd soon and told to clark give next date.till the date not comming any judje on that table can we tranfer our app because that not resistered(not give file no./case no.).
what i do because before this app i win RCR case court says girl saty with me happily in nov2011 but my lawyer not send any notice to here he saying she not want she want divorce. so i agree but at this time 4 month lost no dessigen! even court also. what is your oppinion for me help me plz Sir..
adv. rajeev ( rajoo ) (Expert) 06 February 2012
Judge cannot say not to accept an application, it is duty to accept an application. File an advancement application and file an application again. if he said so again then tell him to record the same in the order sheet.
V R SHROFF (Expert) 06 February 2012
Rupesh, it seems, if both of you try, can save this marriage.

Try to do it for a month, As God provided you this opportunity.

If do not work, you file 13b again , as earlier was not admitted.

Judge cannot refuse to accept 13b MCD
If one Judge court is vacant, it can be trf to another J having charge .
Advocate M.Bhadra (Expert) 06 February 2012
Your query is not clear,if you are both want to divorce then you can "Not Press" or Withdraw the earlier petition and file a petition for divorce on Mutual Consent.
Nadeem Qureshi (Expert) 06 February 2012
I agree with Mr. Shroff
Raj Kumar Makkad (Expert) 06 February 2012
Transfer application in the given case should be moved before District Judge and even seek NOC from other party to accept it then your problem shall end.


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