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Sunil Patil (Engg)     17 July 2012

Transfer of maintenance case to where divorce case is filed

Hello everyone,

 

Wife filed a maintenance case and the husband for divorce in two diffrent courts. In this case can the husband ask for tranfer of Maintenance petition to the place where the divorce case has been filed by him and that they be clubbed together?

If so, please do let me know of any such judgements or Civil code etc....

Thanks.



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 July 2012

If there are family courts established in that area/state. Then in the spirit of family court act - such transfer/clubbing together can be done. 

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 July 2012

If there are family courts established in that area/state. Then in the spirit of family court act - such transfer/clubbing together can be done. Normally the proceeding preffered latter would be transferred and clubbed with the former. However in transfer matter usually courts favour women, as they find (or wishfully so) the balance of convinience tilted in their favour

1 Like

Adv B.B.Gambhir #9814820602 (advocate)     18 July 2012

the petition for divorce is of civil nature if wife is seeking maintenence under section 24 of Hindu Marriage Act then that must be filed in divorce petition. wife can not file it separately. if wife is claiming maintennece under section 125 Cr. P.C that become semi civil and semi criminal nature that can neither be clubbed nor can be decided by one court as one is of civil nature and another is of semi criminal nature.

more over, divorce petition can be filed and decided before district and session judge and maintenence petition under section 125 can be filed and decided by Judicial magistrate. both the cases are of different in nature so both can not be clubbed. 

 

Sunil Patil (Engg)     18 July 2012

Thank you for the response. Some clarifying facts:

Wife has filed a case of Maintenance under HAMA1956 in Mumbai Family Court.

Husband has filed for divorce at Goa, where the last stay of residence was. Goa does not have a Family Court, but a Civil Court.

Can you please guide in this case scenario if the case from Mumbai be transfered to Civil court in Goa.

 

Thanks.

 


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