Transfer of the case from district Court to High Court

[Anonymous]

My divorce case is pending before the district court for last about five years and there is hardly any progress in this case. The judge keeps on giving dates after dates and no real proceedings take place. Sometimes I doubt that the judge is not impartial and is deliberately delaying the divorce proceedings to favour my husband.

Can I seek transfer of my divorce case from the district court to the High Court to ensure a quicker disposal of the case? Will the High Court be able to dispose of the case faster?

[Dr. Ashok Dhamija]

It is not possible to get the divorce case transferred to the high court. It has to be conducted in the court where the original jurisdiction lies. The high court does not have the jurisdiction to conduct such case in original jurisdiction. Of course, once the divorce case is decided by the district court / family court, the appeal may lie to the high court. But the first court to decide a divorce case is not the high court, as laid down in law.

Secondly, even in the high courts, there is a lot of pendency and matters take years to get decided.

     

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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. List of his YouTube Videos.

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