Legal Question in Family Law in India

transfer of divorce case
I am a woman of westbengal in district Bankura , married to a person of Purulia district but my husband worked at district Malda. My marriage took place at my home district at Bankura. As my father is working at Ranchi in the state of Jharkhand my parents are living there. The matter is that my husband filed a divorce petition from his working place by leaving me in my fathers house at Ranchi , as a result I filed a petition for Interim relief at the same court and the court grant me interim relief but my husband not care to pay me anythings. Now I want to transfer my case from his working place to my home district where my marriage took place as my father now retired from service and stay there. But my advocate say that as the cause of action took place at the residence of his working place and at my fathers working place at Ranchi, the matter can not be transfered to my home district. Is there any way to
transfer the case to my home district?help.

Asked on 4/09/09, 3:15 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: transfer of divorce case

You may seek transfer of the case to place of your residence. However, if it is from one State to another State (WB to JHARKHAND, the transfer application may be maintainable in the Hon'ble Supreme Court of India. If the transfer is within same State, then the State High Court may entertain your application.

A woman of poor family or SC/ST category who may not afford legal expenses because of lack of financial resources, may also approach the STATE LEGAL SERVICES AUTHORITY or the SUPREME COURT LEGAL AID SOCIETY for appropriate help.

Answered on 4/09/09, 4:53 pm

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