Transfer MCD from one family court to another

5 years ago

Experts,
Is there a provision to get a mutual consent divorce petition transferred from one family court to another family court in a different jurisdiction?

Also, can a lawyer appear on behalf of the petitioner during second motion to seek more time and get the case adjourned to few months?

Is it possible to extend the cooling-off period and what needs to be done to extend it?

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ROBERT D ROZARIO

Responded 5 years ago

A.everything said nothing more to be added

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Deepak Yashwantrao Bade

Responded 5 years ago

A.If mutually want to transfer case from one court to another jurisdiction will depend on high court.you can apply to hon'ble court and provide legal and proper reasons for your query

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Anonymous

Replied 5 years ago

Sir,
What if the decision is not mutual and only one party wants to file this transfer petition since it's a forced MCD and the party willing to initiate the transfer wants to save the marriage

Nirmal Chopra

Responded 5 years ago

A.If u want transfer of case u have to file a transfer petition as follows-
Before District judge for transfer within same district.
To high court for transfer to another district but within same state.
Before Supreme court for transfer to another state.
Cooling off period can be waived off only by Supreme court. There are conflicting views on this point in Supreme court judgments. So moving Supreme court for waiving off cooling off period is the best option.

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Anonymous

Replied 5 years ago

Sir,
Since it's a mutual consent divorce should both the parties give their consent to transfer the case between family Court's in different districts?

Nirmal Chopra

Replied 5 years ago

Yes

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers

A.Dear Sir,
An application is to filed in the High court or supreme court with the consent of other party for such transfer of mutual divorce application.

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Anonymous

Replied 5 years ago

Sir,
Can only one party sumit the petition in high court for transfer of MCD?
The other party may not agree . The fear is the other party's family may influence the family court since the MCD was kind of forced by boy's family.

The girls side wants to file a transfer petition

Please help!

Prabhakara S K Shetty

Responded 5 years ago

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A.If proper valid grounds are shown it is possible for a party to get a divorce petition transferred from one family court to another family court in a different jurisdiction

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Manjula Shanmugasundaram

Responded 5 years ago

A.At the time of hearing, if one of the petitioner is unable to be present before the Court, it is definitely possible to get an adjournment by stating the reason for non appearance clearly. Yes, an advocate can do that on behalf of the petitioner. Further, if the petitioner has gone overseas and cannot come for some reason, there is an option of evidence by web conference available some Courts. The process is complicated but still worth a try.

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