• Club CrPC 125, HAMA-18 and PWDVA Cases

I have following 3 cases against me(Respondent) filed by my estranged wife(Applicant) with exactly same allegations but seeking different reliefs.
1. PWDVA 2005 - JMFC District Court Jalgaon,MH : Applicant's evidence affidavit submitted. Respondent ordered to submit his ITR, bank statements, asset details as against Applicant's application seeking the same. Respondent filed an appeal in session court against this order. Applicant's cross examination pending since 4-5 months.
2. HAMA 18 & CrPC 125 - Family Court Jalgaon,MH : Applicant's evidence affidavit submitted & cross examination completed, however Applicant now submitted application under Section-91 to get Respondent's earnings without closing evidence stage. Respondent filed his say in Family Court against Applicant's Section-91 application.

Below is High Court Mumbai judgement about clubbing of all matrimonial related cases which I want to use.
https://www.livelaw.in/news-updates/family-court-shall-hear-domestic-violence-case-along-with-matrimonial-dispute-says-bombay-hc-read-order-150597

Questions :
1. I should file my case clubbing application in Session court or High Court?
2. How much time it will take the order to club all cases in High Court / Session Court?
3. How much will the given High Court / Session Court lawyer charge to get the order in my favour?
4. If this need to be done in high court, can I also file a speedy trail application in High Court of Mumbai/Aurangabad (Maharashtra) along with clubbing application?
5. Since I now started working in Kolkata, WB can I request for trial by video conferencing?

Please advice.
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

1) Yes , you can club all three cases in the family court and that will too fast in decision than any another court. however kindly check in your are family court exists.

 

2) from 6 months to 1 years to get order , better to go for session court don't jump directly to high court, if anything goes wrong against you, you can miss one option.

 

3) How anyone can come to know the order will be in your favour without reading facts, issues, applicant and respondent submission. If you are applying in the family court no need to hire a lawyer. but still lawyer fees are vary to vary from different lawyers.

 

4) Yes you can ask for video conferencing.

 

Suggestions: Running all 3 cases at a time and waiting for court order so long time. why don't you go for Mutual Consent Divorce. In this you can insert points in your favour in the MoU and get order from court.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. You can file a petition before high court to transfer the case under DV before family court so that it can be heard together along other cases.

2. The high court after hearing may pass order it won't take long .

3. See that shall be as per the lawyer you engage.

4. Yes you can prat that also in same petition.

5. You can do that though same shall be discretion of the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. you can file an application to club all the cases in the Sessions Court or the High Court, (sessions court is advised being a cheaper option and also you can make an appeal if ordered adversely)

2. it will take around one year,

3. lawyer fee varies, depends upon various factors type of work, the social status of the lawyer, the monetary value of the case, the experience of the lawyer, etc and another point to take note is that the verdict is not guaranteed,

4. No, application for the speedy trial will lie after clubbing,

5. you can make a request    

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

file clubbing application in HC 

 

2) it may take  a year for HC to pass orders 

 

3) legal fees vary depending upon lawyer engaged by you 

 

4) you can request for speedy trial 

 

5) you may request for video conferencing facilities 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Before session judge. Or no need to apply , just request court give common date in all cases.

But only 2 case will club proceeding in family court. DV case dose not come under jurisdiction of family court.

On oral request, case of same nature and parties get clubbed from same date.

Fees will decide by discussion but no need to hire advocate for clubbing purpose.

Video conference will grant by HC, family court may not permit.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. You should submit the application for clubbing the cases before the Family Court, which is having power equal to the session Court .  

2. Since, the Mumbai High Court has already given direction to club the cases, hence after moving application , it should take 15 days to one month. 

3. It depend on lawyers , engaged by you, Charge is not fixed legally.

4. Yes, you can do the same.

5. No, it is allowed on specific reasons , and not as per facility of the parties. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The jurisdiction of the Aurangabad Bench is over Aurangabad, Ahmednagar, Dhule, Jalna, Jalgaon, Beed, Parbhani, Latur & Osmanabad.

2) it would not lie in Mumbai HC 

 

3) you can file application in sessions court to club all cases 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

1. You shall have to file the application praying for clubbing all your said cases before the High court.

 

2. It might take at least 6 to 9 months from the date filing the application to get the final Order.

 

3. The lawyer's fees vary from lawyer to lawyer and Court to Court and also from place to place. Any moderate Calcutta Advocate will charge Rs. 50 K for drafting and filing the application and Rs.5 k towards appearance fees.

 

4. You shall have to file separate applications if the prayers are different in nature.

 

5. You can file an application praying for leave for video conferencing and act as per the Order passed by the Court.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

 It is Aurangabad Bench of Bombay High Court. It is not a separate high Court. You can file before the Aurangabad Bench if Jalgaon comes under its jurisdiction.

 

 

 

 


 It is Aurangabad Bench of Bombay High Court. It is not a separate high Court. You can file before the Aurangabad Bench if Jalgaon comes under its jurisdiction.

 

 

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. See you have to file it before the jurisdictional bench under which your area/district comes.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Family Court has jurisdiction as per Section 26 of the said act-

"The question in this Misc. Civil Application, which seeks transfer of a proceeding, is not about who has the option to file such proceeding under the Act or to have the same transferred to the Family Court. The question is, whether it is in the interest of justice to have the two proceedings heard together and if the Family Court is the proper court to hear the proceedings together, where it has jurisdiction to consider the reliefs prayed for in the domestic violence proceeding filed before the criminal court.

If the two matters have to be heard together, and it is certainly in the interest of justice that they be so heard, they can come only before the Family Court. So far as the jurisdiction of that court is concerned, having regard to Section 26 of the Act and the judgments of our courts ruling in favour of such jurisdiction, it cannot possibly be urged that the Family Court lacks such jurisdiction."

1. Yes you can file a petition for transfer of different matrimonial disputes held in different courts to be tired by family court in a joint trial.

2. The time taken for disposal of the transfer petition by the high court cannot be predicted owing to various reasons however it may not take much time, normally it should be disposed within 6 months time period.

3. It depends on the lawyer engaged by you.

4. First let the transfer petition be allowed.

5. You may give authorised a representative to represent you in the court and seek for video conferencing arrangement during the evidence stage

T Kalaiselvan
Advocate, Vellore
89981 Answers
2492 Consultations

1. It is advisable that you file it in the jurisdictional high court.

2. see the above answer.

3. If the trial court is the family court itself then you may hav to approach high court for transfer 

T Kalaiselvan
Advocate, Vellore
89981 Answers
2492 Consultations

1. You should file petition for clubbing of cases in High court. 

2. Time will depend on discretion of court.

3. Lawyer doesn't take charges for getting order in your favour rather they take fees for contesting your case. Rest depends on merits of case and discretion of court.

4. Yes you can file petition for speedy trail as well in High court. 

5. Yes but chances chances are not very good.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1.You can club it together if the said courts are within session court then you need to apply before session court otherwise HC

2. Depends on the listing of cases

3. Fees depends on lawyer to lawyer

4. Yes but only after you don't get speedy remedy

5. You can 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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