Biplav filed a suit for divorce in the court of Principal Judge, Family Court, Kamrup(M). His wife has…
She should seek transfer in the Gauhati High Court. Section 24 CPC empowers the High Court to transfer proceedings between competent courts subordinate to it, including…
Choose your answer
Biplav filed a suit for divorce in the court of Principal Judge, Family Court, Kamrup(M). His wife has been residing at Hailakandi with her parents and she has no source of income. Besides, she cannot travel to Guwahati on each and every date fixed by the court and as such has approached you as a lawyer to advise her. What would be your appropriate advice?
Answer and explanation
Correct answer D
She should seek transfer in the Gauhati High Court. Section 24 CPC empowers the High Court to transfer proceedings between competent courts subordinate to it, including courts in different districts. A District Judge's transfer authority does not extend to a court in the other district, and the original Family Court cannot itself order this inter-district relocation. Her lack of income and travel difficulty are reasons to present for the High Court's consideration, not an automatic entitlement to transfer.
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