Legal Question in Family Law in India

Re: Divorce

The only way the matter can be transfered between the jurisdiction of two high courts is by applying to the Supreme Court.

As you have filed the case on 16-11-2006 and you husband has filed the matter afterwards 27-11-2006 You case will be heard first and his case should be stayed until your matter is heard and decided.

The better course should be to file a matter under Section 125 CrPC in Mumbai and obtain a interim financial arrangement therein and then enforce it so that you husband is comeplled to come to Mumbai.

Re: Divorce

Dear Madam:

First of all the divorce petition is not even maintainable at Kota as you both last lived together at Mumbai and now also you are at Mumbai.

Coming to your particular question, you certainly can get the case at Kota transferred to Mumbai, but the jurisdiction lies only with Hon'ble Supreme Court of India under section 24 of Code of Civil Procedure for transfer of case from one state to other. There are many established precedents to that effect.

With best wishes and good luck!!

Bhushan Arya

Re: Divorce

there are 3 ways to solve your problem. 1) file an application before the family court Kota that as you are not resident of Kota and not able to come to Kota on regular dates due to financial reasons hence kindly allow your counsel to look after your case. 2) ask the court to give you the travelling allowance to come to kota and back to mumabi, 3) file anapplication before the Supreme Court for transfer of matter to Mumbai as its a inter-state transfer.

Re: Divorce

Yes.You shall have to file a transfer petition in Supreme court for getting the case transferedfrom Kota to Mumbai.

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