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great india (manager)     08 October 2013

Can case be transferred

1. petitioner husband files divorce in district court on desertion and memtal cruelities .....interim passed 2k.....wife delaying purposely.
2. wife files rcr +125 crpc in fly court her cross over
3. both in same district and jurisdiction but diffrent courts at diffrent places.
4. can husband ask district court  for transfer of divorce case to family court..?????? and clubbing of all 3 cases?????



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 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 October 2013

Yes. However, it would be a strange case where husband wants the case to be transferred to wife's jurisdiction.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Adv. Chandrasekhar (Advocate)     08 October 2013

They should be adjudicated in the same court. Hence transfer is not only recommendable but imperative.  The reason behind this is that if wife filed RCR and husband filed divorce and both are adjudicated by different courts and if both courts give the reliefs sought by the petitioners, i.e., wife gets RCR and husband gets divorce, a peculiar situation arises and to avoid that, it is necessary to adjudicate the cases of RCR and divorce by the same court so that appropriate judgment, which is not oxi-moron, comes at the end.  So, your transfer application will be allowed.

Sarvesh Kumar Sharma Advocate (Advocacy)     09 October 2013

File case transfer application before high court with some specific grounds!

great india (manager)     09 October 2013

Can't a prayer for transfer be submitted in district court for transfer to family court as the city of both cases same Also in rcr+ 125 cross ,wife refused to co habit at a place desired by husband. Divorce was thus filed on desertion and cruelty. In rcr of wife husband accepted co hab but at his ancestral house in a taluka to which wife refused in her cross examination. Either ways till now both cases favouring husband. Rcr was a move to prolong divorce n delay proceedings, which fired back for wife. She thus purposely not appearing regularly in husbands case but 100% attendance in 125+rcr If cases get clubbed , she can't escape often. Thats the point.

Adv. Chandrasekhar (Advocate)     11 October 2013

That's not the point.  As a matter of principle, both the divorce and RCR cases have to be adjudicated together to arrive a single decision between the same parties.  File application in RCR court seeking transfer of the case from divorce court and district judge under whose jurisdiction both RCR and Divorce court function will pass the order of transfer.


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