Fate of Divorce Injunction Petition?
Querist :
Anonymous
(Querist) 17 April 2010
This query is : Resolved
I had Filed Divorce and Henchmen Injunction Petition in the Family Court, I got Interim Order on Injunction, and Case proceeded for 3 Hearing their after the Opposite Party Went to HC for Transfer of Suits from Family Court to Senior Civil Judge Court and accordingly the HC Ex-Parte Transfered the case from Family Court to Civil Court, From that date onwards I am not attending the Case for 6 months, As I suspect their is Life threat to me as the opposite party is notorious, If I go their for hearing , Now I have 2 Questions:
1.Why did HC did not follow the Family Court act Chapter 8, which was designed by HC itself, while Transferring the case from Family Court to Civil Court which is 38kms away within the same District?
2.What would be the Fate of my Divorce Suit and Injunction Suit as I am not attending the Case for more then 6 months now?
G. ARAVINTHAN
(Expert) 17 April 2010
1. What prayer you asked for in the suit?
2. For transfer of a case High Court might have sent notice to you and then only it order.
3. if you not attending the case, and not engaged a counsel, then your injunction will go and your case might have dismissed by this time.
Guest
(Expert) 18 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE 9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING TRANSFER OF MATTER KINDLY NOTE THAT
1.YOU MAY FILE A TRANSFER PETITION TO THE HIGH COURT AND FOR REVIEW OF ORDER ALREADY PASSED AS DIVORCE MATTER IS CIVIL COURT MATTER AND EXPARTE ORDER WAS PASSED AGAINST YOU.
2.YOU MAY MENTION ALL GROUNDS ABOURT DANGER TO YOUR LIFE AND PRAY FOR TRANSFER OF SAID MATTER TO DIST PLACE OR ANY OTHER PLACE CONVENIENT FOR YOU.
3OF COURSE NOTICE WILL BE ISSUED TO OTHER SIDE AND UP ON HEARING BOTH THE SIDES THE COURT WILL DECIDE THE MATER.
4ABOUT YOUR MATTER PENDING AT CIVIL COURT YOU MAY GET THE INFORMATION ABOUT THE NEXT DATE WITH THE HELP OF ANY LAWYER OR EVEN FROM THE INTERNET AS PER YOUR NAME AND CASE NO. PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE OR CALL WILL HELP YOU.
THANKS .
