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Transfer of divorce petition
10 months ago
My husband filed for divorce in Delhi, I stay in Bangalore.What is the procedure for transfer of the case and how much time would it take
A.Dear Client,
Section 19 of the Hindu Marriage Act, 1955 deals with territorial jurisdiction of Petitions filed under the Act. Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction – (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or (iiiÂa) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive. Clause (ii) of Section 19 states that the Petition is to be presented where the Respondent resides. So if a Husband (Petitioner) files a Divorce Petition, then he would be required to file it before a Court where the Wife (Respondent) resides. Reach out to an Advocate for guidance and steps.
Section 19 of the Hindu Marriage Act, 1955 deals with territorial jurisdiction of Petitions filed under the Act. Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction – (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or (iiiÂa) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive. Clause (ii) of Section 19 states that the Petition is to be presented where the Respondent resides. So if a Husband (Petitioner) files a Divorce Petition, then he would be required to file it before a Court where the Wife (Respondent) resides. Reach out to an Advocate for guidance and steps.
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A.Dear client,
In your case, where your husband filed for divorce in Delhi but you reside in Bangalore, it would generally involve the following steps:
Consult with a lawyer: It's advisable to consult with a family law lawyer who practices in both Delhi and Bangalore. They can guide you through the specific procedure and requirements for transferring the case from Delhi to Bangalore.
File a Transfer Petition: Your lawyer will prepare a Transfer Petition, which is a formal request to transfer the divorce case from one jurisdiction to another. The Transfer Petition will need to be filed with the appropriate court in Delhi, along with supporting documentation and legal arguments for the transfer.
Court Proceedings: The court in Delhi will consider the Transfer Petition and make a decision based on the merits of the case, the convenience of the parties, and other relevant factors. If the court approves the transfer, the case will be transferred to the court in Bangalore.
Proceedings in Bangalore: Once the case is transferred to the court in Bangalore, the divorce proceedings will continue there. The specific timeline for the divorce case will depend on various factors, including the complexity of the case, court backlog, and the efficiency of the legal process in Bangalore. It's difficult to predict the exact duration as it can vary significantly.
It's important to note that the transfer process and timeline can differ based on the specific laws and procedures in India. Consulting with a lawyer who has expertise in family law and experience with cases involving jurisdictional transfers will provide you with the most accurate guidance based on the laws applicable in your situation.
In your case, where your husband filed for divorce in Delhi but you reside in Bangalore, it would generally involve the following steps:
Consult with a lawyer: It's advisable to consult with a family law lawyer who practices in both Delhi and Bangalore. They can guide you through the specific procedure and requirements for transferring the case from Delhi to Bangalore.
File a Transfer Petition: Your lawyer will prepare a Transfer Petition, which is a formal request to transfer the divorce case from one jurisdiction to another. The Transfer Petition will need to be filed with the appropriate court in Delhi, along with supporting documentation and legal arguments for the transfer.
Court Proceedings: The court in Delhi will consider the Transfer Petition and make a decision based on the merits of the case, the convenience of the parties, and other relevant factors. If the court approves the transfer, the case will be transferred to the court in Bangalore.
Proceedings in Bangalore: Once the case is transferred to the court in Bangalore, the divorce proceedings will continue there. The specific timeline for the divorce case will depend on various factors, including the complexity of the case, court backlog, and the efficiency of the legal process in Bangalore. It's difficult to predict the exact duration as it can vary significantly.
It's important to note that the transfer process and timeline can differ based on the specific laws and procedures in India. Consulting with a lawyer who has expertise in family law and experience with cases involving jurisdictional transfers will provide you with the most accurate guidance based on the laws applicable in your situation.
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