• No hearing in divorce case

I have filed divorce case against my wife in March 2016in a civil court where I currently reside and my marriage had taken place. Meanwhile in September 2016 my wife applied for the transfer of case to another jurisdiction claiming that she is residing in that particular area and she will not be able to attend case where actually cases filed. Meanwhile in November 2016 she filed another case of domestic violence in her jurisdiction hearing of which is actively going on. Till date application for case transfer in High Court history in pre admission only stamp and no case no. Objections are yet not removed and there is no case number till date. I have not received any summons regarding the same and also Lower court has not received any document recording same. She had given only written application on September 2016 to stop processing of divorce case based on screenshot of High Court website based on which the lower Court judge has not started hearing till date. There is no single hearing in divorce case, but meanwhile wife has claimed compensation and maintenance in DC case. What are the possible ways with which we can actually start hearing in a divorce case as there is no case number in High Court or aNy summon to me or any documentary order to stop proceeding.
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1.Unless and until an order of stay is granted by the higher court the lower court can safely proceed with the further hearing of the case.

2.In your case you can obtain information from high court to show the lower court that no stay order is passed.

3.In addition you can try to get the matter head in high court so the high court either acceots o rejects his claim.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) there is no stay granted by HC

2) trial court can proceed with the hearing of divorce case filed by you

3) in the alternative with draw divorce case and then file fresh divorce case within jurisdiction of court wherein wife is residing

4) since wife has not removed office objections petition filed by wife for transfer of divorce case has not yet been numbered

5) check the HC website for latest staus of case

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Unless there is a stay order passed by the HC the trial court is not bound to stay the proceedings. Mere filing of transfer petition in the HC does not operate to put an embargo on the process before the trial court. You should file an application to the trial court to resume the hearing of the case, and if it does not allow it then a writ petition may be filed in the HC to resume the hearing.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. She has submitted acceptable evidence that the application for shifting the said divorce case to her place has been filed by her.

2. So, unless the said shifting petition is disposed of, your divorce case will not he heard.

3. In the meantime, contest the DV case and the maintenance application filed by her fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

In your divorce case, you can request the court to direct her to file her counter to the main petition or to set her exparte so that you can produce your evidence.

If they say that this is pending in high court, then ask them to produce the stay order.

T Kalaiselvan
Advocate, Vellore
85421 Answers
2239 Consultations

5.0 on 5.0

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