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(Guest)

Which Section of CPC to use in HMA ?

Respected seniors,

Kindly guide me under which Section of CPC I should follow Delhi HC direction as per her recent Order / directions copied below;

"This petition u/s 24 C.P.C has been filed by the petitioner to seek  transfer of the petition filed by the respondent-wife u/s 13 of the H.M.A Act  being HMA No.XXX/06 to the District Court at Dwarka from the District Court at  Tis Hazari. The petition had been field in the year 2006 when the bifurcation of the districts had not taken place.
The premise of this petition is that though the address given by the  respondent in the aforesaid divorce petition is that of Sewa Nagar, as a matter of fact, she is not residing at the said address. He has filed various documents in support of this submission. He submits that the parties last resided in their matrimonial home at Dwarka. The petitioner is permitted to
raise the issue of jurisdiction before the trial Court and the trial Court shall decide the same before deciding any other issue. The petition stands disposed of."

Regards
D. Arun Kumar



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 2 Replies


(Guest)

S.9 & S.20 of C.P.C.

kranthi (retainer advocate)     07 October 2010

the petition to be filed where the both are jointly resided lastly / where the husband resides / wife resides

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