Legal Question in Family Law in India
Hindu Marriage Act
I filed a petition No. 99/06against my wife for divorce before Family Court, Hyderabad.
My wife filed a petition before A.P.High Court seeking transfer of the said petition to another district where she is living presently.
But, she in her petition mentioned a wrong No. i.e. 999/06 instead of 99/06.
Transfer petition was allowed withdrawing petition No.999/06 from Hyderabad Court.
Hyderabad Court sought clarification from High Court regarding No. of the petition.
Clarification from High Court is still awaited.
Wife is not taking any steps for correction of No. even after a lapse of 2 years.
According to me, technically speaking, the petition filed by me is not tansferred.
What to do now.
I am appearing as Party in person.
Kindly advise.
3 Answers from Attorneys
Re: Hindu Marriage Act
Even though technically the petition may not be transferred, the trial court is not likely to proceed with your petition. Therefore, you may expedite correction of number of your petition in the High Court if you are interested for an early transfer and adjudication of your case.
Re: Hindu Marriage Act
only a typographically mistake, however until or unless you wife corrects the same, your case will not be transferred
Re: Hindu Marriage Act
you can ask the court as a party to expediate the matter