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NileshB   07 March 2018

Vacate stay order

I applied for divorce in Thane (Bombay HC jurisdiction) wife applied for transfer petition in Nagpur HC. Nagpur HC has put stay on divorce proceedings. I want to vacate the stay order as it was passed ex-parte and contest the transfer petition which is at order stage on 15/04/18. How should i proceed and which HC should i approach?


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 6 Replies

R.Ramachandran (Advocate)     07 March 2018

You are handling your divorce petition yourself in person, or through an Advocate?

NileshB   07 March 2018

My divorce petition is being handled by advocate

R.Ramachandran (Advocate)     08 March 2018

In that case, why don't you ask these questions with the same Advocate, as he would be in a better position to answer your queries.

NileshB   10 March 2018

My advocate has said that i can contest in Bombay Bench as well because the original petition is of Bombay Bench Jurisdiction. However it will only elongate the process. So he suggested to appear in Nagpur bench, get the pleadings and documents (no documents regarding stay are submitted in Thane Court) and then contest.

Thing is OP is lying about her jurisdiction. She is not staying in the city where she is trying to transfer the case. I have already called her bluff in DV (in which also I have applied for dismissal on basis of jurisdiction) and have strong evidence proving that since 2016 she is not staying in jurisdiction where she is claiming. Advocate told that once you get copy of affidavits that she has submitted in HC you can bring it to notice of court that she is lying about her jurisdiction and HC will take suo motto action. Also he said that since Divorce proceedings have reached to issues stage and in addition to Divorce there is Criminal litigation pending in Mumbai there is good chance of avoiding transfer.

Now my additional question is can i put additional pleadings like removal of name of family members who never shared household (strong evidences available) from DV Case.

KISHAN DUTT KALASKAR (Advocate)     12 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email for detailed legal advise.

 

with regards,

Kishan Dutt Kalaskar

NileshB   15 March 2018

Sir mailed the same


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