divorce
Home Juris Profile Bare Acts Latest judgements Contact Us
 
  Help put your mind at ease... Call us today for an initial consultation:    v k singh  
 
services
Divorce law in india
Grounds for divorce in india
Annulment of marriage
Right of property after divorce
Maintenance in divorce cases
Child Custody in divorce cases
Restitution of conjugal rights
Transfer of divorce petition
Mutual consent divorce
divorce decree & inforcement
Foreign divorce decree inforcement
 
TRANSER OF DIVORCE PETITION
Leges Juris attorneys are regularly drafting, filing and contesting for their clients for Their transfer petition from one state to another or for their wish and desire. The power for transfer of petition is only possible in Hon’ble supreme court of India.
 
What the law says:
Power to transfer petitions in certain cases.-(1)Where-
(a) a petition under this Act has been presented to a District Court having jurisdiction by a party to marriage praying for a decree for a judicial separation under Section 10 or of a decree of divorce under Section 13; and
(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under Section 10 or for a decree of divorce under Section 13 on any ground, whether in the same District Court or in a different District Court, in the same State or in a different State, the petitions shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies,-
(a) if the petitions are presented to the same District Court, both the petitions shall be tried
and heard together by that District Court;
(b) if the petition are presented to different District Courts, the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.

(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 5 of 1908 to transfer any suit or proceeding from this District Court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer
such later petition as if it had been empowered so to do under the said Code.
 
         
  Call Us at- 9811645002  
Disclaimer
 
  copyright 2009, All right resereved.   Website designed by iVillage Infotech Solutions