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kamalsharma (lawyer )     31 August 2020

Application U/s 125Cr.P.C

Wife file a Application u/s 125 Cr.P.C before family court at "A" District. family court rejected her application for interim maintenance by holding the wife's adulty u/s 124(4) Cr.P.C. After that she file a Civil Transfer Application before High court for transferring husband's petition for divorce from 'B' District to 'A' District. In my divorce petition adulter is a second respondent. he also belong to 'B' District. what would be the defence of the husband for protecting his divorce being transfer from 'A' to 'B' District


Quick Summary
A wife's interim maintenance application under Section 125 CrPC was rejected by a family court in District 'A' due to allegations of adultery. Subsequently, she filed a transfer application to move the husband's divorce petition from District 'A' to District 'B', where she had initially filed her maintenance plea. The husband seeks defence strategies to prevent this transfer, especially as both he and the alleged adulterer reside in District 'A'.

 4 Replies

Dr J C Vashista (Advocate)     01 September 2020

Originally posted by : kamalsharma
Wife file a Application u/s 125 Cr.P.C before family court at "A" District. family court rejected her application for interim maintenance by holding the wife's adulty u/s 124(4) Cr.P.C. After that she file a Civil Transfer Application before High court for transferring husband's petition for divorce from 'B' District to 'A' District. In my divorce petition adulter is a second respondent. he also belong to 'B' District. what would be the defence of the husband for protecting his divorce being transfer from 'A' to 'B' District

@ Kamal Sharma,

How the application is maintainable against alleged adulterer as second respondent ?

Whether the applicant (wife) belong to or reside in district "B" where she has moved the High Court for transfer to case from District "A" to District "B" ?

You have attempted to club up two different issues i.e., application u/s 125 CrPC with petition for passing a decree of divorce, how do you correlate ?

What is your concern / locus standi / interest in the question, which you have posted as if it is not a real but hypothetical story ?

rajat tripathi   01 September 2020

Hey you can ask me about this

P. Venu (Advocate)     01 September 2020

What are the grounds cited by her in the transfer application?

kamalsharma (lawyer )     02 September 2020

yes she belong or reside in 'B' District. where she file in family court a application u/s 125. crpc.
husband file h divorce petition U/s 12, and 13 before family court in 'A' District.
in husband's divorce petition Adulter is second respondent he also belong to or residence of 'A' District.
she file a civil Transfer Application before High court for transferring husband's divorce from family court of 'A' District to family court of 'B' District where she file her already file a application u/s 125 crpc. in which court rejecting her plea of interim maintenance u/s 125(4).
1. my question is that wether she can transfer husband's divorce petition in which husband and second respondent (adulter) is belong or resident of 'A' District.

2. once a family court of 'B' District holding that she live in adultery and rejecting her interim maintenance on that grount. whether high court can transfer husband's divorce petition where husband and Adulter belong to or resident of 'A' District.

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