how to transfer divorce case to another city from New Delhi
LA Asked by Lata Mangesh from India
Quick Answer
Transfer of a divorce case from New Delhi to another city can be sought by filing a transfer petition before the Supreme Court under Section 25 of the Code of Civil Procedure, if the transfer is from one state to another.
Detailed Legal Analysis
Transfer of a divorce case from New Delhi to another city can be sought by filing a transfer petition before the Supreme Court under Section 25 of the Code of Civil Procedure, if the transfer is from one state to another. If the transfer is within the same state, the application is filed before the Delhi High Court under Section 24 CPC.
The Delhi High Court considers grounds such as convenience of parties, welfare of children, health issues, and safety concerns before ordering transfer. Delhi Rent Control Act 1958 may not have additional provisions as transfer of cases is governed by central procedural law, but local rules may apply in Delhi.
The petitioner must demonstrate that the transfer is necessary for the ends of justice and not merely for forum shopping. An affidavit supporting the transfer grounds must be filed along with the application.
The opposite party is given an opportunity to object before the court passes an order.
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