Can I Get a Divorce Case Transferred From One Court to Another
Yes, you can seek a transfer of divorce petition one location to another location. In such cases, the following things needs to be considered.
1. The petition that needs to be transferred from one location to another location should have been a divorce petition filed under Section 13 of the Hindu Marriage Act or a petition for judicial separation under Section 10 of the Hindu Marriage Act.
2. If both parties to marriage file two different divorce petitions, then such petitions will be heard together and disposed.
3. If the two divorce petitions are filed in two different courts, two different courts in same state, or different state, then the petition filed later will be transferred to the court where the petition was filed first and both cases will be heard together and disposed together.
Applicable laws for transfer of divorce cases under various laws in India:
The aplicable laws are as follows;
1. Section 21A of the Hindu Marriage Act 1955.
2. Section 40A of the Special Marriage Act, 1954.
3. Section 8 of the Divorce Act, 1869.
Also, if you are interested, go through these sections