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Bhupinder Singh (SE)     18 November 2010

Divorce problem, Barrakpore, Kolkata

Hello,

 

My sister and her husband have filed for a Mutual divorce in Barrakpore court, West Bengal, back in the month of May 2010. The court gave the date for next hearing on December. A few days back, their lawyer has informed them that all divorce cases in Barrakpore court has been put on-hold indefinitely, since there is a jurisdiction dispute going on between Barrakpore court and Barasat court. Until that is resolved, their case will not be put up. They might even have to file the divorce once again at Barasat court, if required, which means another 6 months of waiting period.

The second hearing date is in just a few days, and we are all quite worried about this new situation. So, my first question is:

1. Is this information even correct? Or is it that their lawyer is trying to get some more money out of them somehow (or has some other motive)? We can find no mention of such a dispute among the two courts anywhere on the Internet. Should we look for another lawyer?

2. If this is correct, does anybody has any information regarding the proceedings of that case and when it might be over? Is it necessary to re-file the case in Barasat court, if Barasat wins, and wait again for another 6 months? If yes, then can we appeal to the Barasat court to be considerate and waive/decrease the 6 months waiting period?

Thanking you all in advance for your time. We'll be immensely grateful if any of you provide some answers.

 



Learning

 5 Replies

Jamai Of Law (propra)     18 November 2010

Avnish Kaur (Consultant)     18 November 2010

go to high court and ask for taking time limit from original date.

Kirti Kar Tripathi (lawyer)     18 November 2010

you can file writ for  transferring the case to  any other court stating the facts and also for expiding the case.

Kiran Kumar (Lawyer)     18 November 2010

I dont think there shall be such kind of dispute.

 

However, if some alteration is done either the State or Hon'ble HC with regard to the jurisdiction of the courts, the necessary arrangements will be done for transfer of case to appropriate court without damaging the interest of justice....mind it the courts are there for your purpose and are established with public money....no such kind of dispute will be detrimental to the interest of litigants.

 

in case some adverse order is made or some delaying tactics is played then you may approach HC for appropriate orders.

 

you may visit some other lawyer also to find out the truth.

1 Like

Prithwish Ganguli (Advocate)     17 January 2012

The first wrong decision is to file the case in Barrackpore. The second wrong is without filing the case afresh you are waiting for the decision on jurisdiction point.


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