Transfer of divorce petition from one district to another

Tilak Marg Forum for Legal Questions Forums Family Law Transfer of divorce petition from one district to another

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 6 months, 2 weeks ago.

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  • #4354

    Anonymous
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    My wife has filed a divorce petition against me. It has been filed in a different district. Can I get it transferred to my district?

  • #4355

    Legally speaking, it is possible to get a case (including a divorce petition) transferred from one district to another district, in fact also from one state to another state. However, in your particular case, since the divorce petition has been filed by the wife, in practice, it would be difficult to get it transferred to the district where the husband wants it have. Generally, the higher courts take a view in favour of the women in such transfer matters. But, under law, there is no such restrictions. You can therefore file a transfer petition, though the chances of success of a transfer of case to another district in favour of the husband would be comparatively less.

    If the transfer of the divorce petition is from one district to another district within the same state, you can file a transfer petition before the High Court under Section 24 of the Civil Procedure Code (CPC).

    On the other hand, if the transfer of the divorce petition is from one state to another state, you can file a transfer petition before the Supreme Court under Section 25 of the Civil Procedure Code (CPC).

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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