Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Filing Court for HMP - The Court where HMP (Hindu Maintenance Petition) must be filed depends on the specific jurisdiction and the nature of the case. For example, in the case of SARABJEET KAUR D/O HARMINDERSINGH AHUJA vs MANBIRSINGH S/O RAVINDERSINGH DANG - Gujarat_HC_HCBM030470102018, the petitioner filed HMP No.364/2009 before the same Court handling his control, indicating that HMPs are typically filed in the Court with jurisdiction over the subject matter or the parties involved. Similarly, in SARABJEET KAUR D/O HARMINDERSINGH AHUJA vs MANBIRSINGH S/O RAVINDERSINGH DANG - Gujarat_HC_HCBN040328772019, HMP No.176/2019 was instituted in the Family Court at Gondia, and in SARABJEET KAUR D/O HARMINDERSINGH AHUJA vs MANBIRSINGH S/O RAVINDERSINGH DANG - Gujarat_HC_HCBN040392312018, HMP No.116/2018 was transferred to the Civil Judge, Senior Division, Ambejogai
references
.Transfer of HMP - Several sources highlight that HMPs can be transferred between courts based on convenience or jurisdiction, often following Supreme Court guidelines. For instance, 2024 Supreme(Online)(GUJ) 23063 references the Supreme Court’s observation in Sumita Singh vs. State of UP (AIR 2002 SC 396), which emphasizes considering the wife’s convenience in matrimonial proceedings, including transfer requests.
Specific Provision - The main legal provision referenced for filing HMPs is not explicitly named in the sources, but the transfer of cases and procedural aspects are often governed by the Civil Procedure Code (CPC), particularly Order VII Rule 11, which deals with rejection of plaints, and Section 24 of the CPC, which provides for transfer of cases for reasons of convenience
references
.Analysis and Conclusion:
The sources collectively indicate that HMPs are filed in the Court with jurisdiction over the matter, often in Family Courts or Civil Courts, depending on the location and nature of the case. The Supreme Court’s guidelines, especially in Sumita Singh (AIR 2002 SC 396), emphasize considering the convenience of the wife in transfer petitions. While the exact statutory provision for filing HMPs is not explicitly stated, procedural aspects such as transfer and jurisdiction are guided by the CPC, notably Order VII Rule 11 and Section 24. Therefore, the filing and transfer of HMPs are primarily governed by the Civil Procedure Code, with specific Court jurisdiction determined based on the circumstances of each case.
Navigating family law in India can be daunting, especially when dealing with sensitive matters like . One common question arises: Under which provision does it say that an HMP (Hindu Marriage Petition) must be filed under which court? If you're contemplating filing for or other matrimonial relief under the Hindu Marriage Act, understanding the correct court and legal provisions is crucial to avoid procedural delays or rejections.
This guide breaks down the key laws, jurisdictions, and practical insights from judicial precedents. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your case.
The foundation for filing a Hindu Marriage Petition (HMP) lies in the (HMA). Specifically, outlines the grounds for and the procedure for filing petitions. This section empowers parties to seek relief like , , or by presenting a petition to the appropriate court. 2021 0 Supreme(Bom) 1797
Additionally, the (CPC) plays a pivotal role, particularly Section 24, which governs the transfer of cases. This provision allows courts to transfer an HMP from one family court to another for reasons such as convenience or the interests of justice. For example, parties often invoke Section 24 when seeking transfers, as evidenced in multiple applications. 2014 0 Supreme(Guj) 653
The Act, 1984 further establishes specialized to handle marriage and family disputes efficiently. These courts have exclusive jurisdiction over HMPs, promoting speedy resolutions in matrimonial matters. 2021 0 Supreme(Bom) 1797
HMPs are typically filed in with jurisdiction over:- The place where the marriage was solemnized.- The area where the parties last resided together.- The current residence of the respondent (wife or husband, depending on the case).
This jurisdictional framework ensures the court has . In practice, if no Family Court exists in the area, the petition may be filed before the or . For instance, in one case, He had filed HMP No.364/2009 before the same Court for his control.
Another example: HMP No.176/2019 in the Court of Civil Judge Sr.Dn.... pending on the file of Family Court at Nagpur.
If filing in the original jurisdictional court is inconvenient, allows for transfers. Courts consider factors like the wife's convenience, distance, and child welfare. The Supreme Court in Sumita Singh vs. Kumar Sanjay (AIR 2002 SC 396) emphasized: the wife’s convenience must be
considered
. This precedent is repeatedly cited in transfer applications.Key examples from case law:- Ambejogai stands transferred to the Court of learned Civil Judge, Sr.... No. 116/2018 pending on the file of the learned Civil Judge,Sr.Dn.
- No. 115/2017 pending on the file of learned Civil Judge, S.D.... husband be transferred from the Court of Civil Judge, Sr.Dn.
- HMP No. 438/2019 from Pune to N....
- No. 250/2019 from Chan....
- the applicant is keen to transfer HMP from Porbandar Court to Family Court, Junagadh. 2024 Supreme(Online)(GUJ) 23063- Applicant is seeking transfer of the Petition bearing HMP No.105/2020... court of Civil Judge Senior Division, Achalpur.
These cases illustrate that transfers are granted judiciously, often prioritizing matrimonial harmony and accessibility. 2021 1 Supreme 602 1961 0 Supreme(SC) 31
Under , courts may reject plaints if jurisdiction is lacking: proceedings before the trial Court i.e. CMA No.105 of 2021 is rejected under the provision of ....
In summary, HMPs are governed by the () and filed in under the Act, 1984. Transfers are facilitated by , with judicial emphasis on convenience and justice. Cases like those in Nagpur, Pune, and Ambejogai demonstrate practical applications.
Key Takeaways:- File in the jurisdictional Family Court first.- Use Section 24 for transfers, prioritizing wife's convenience.- Back applications with precedents like Sumita Singh (AIR 2002 SC 396).
Always seek professional legal counsel, as outcomes depend on case specifics. Stay informed, and approach matrimonial proceedings thoughtfully.
#HMPFiling #FamilyCourt #HinduMarriageAct
He had filed HMP No.364/2009 before the same Court for his control. ... He was then required to file Day Application No.1/2017 to get said error HMP No.334/2009 filed before Civil Judge, Senior that he has already filed Second Appeal, p style="position:absolute;white-space:pre;margin:0;padding:0;top
The Court must exercise caution in assessing the claim made by each parents, free from any kind of bias and motive and must focus on the child’s best interest. ... Order passed by the trial Court is quashed and set aside and in view of the said fact, the proceedings before the trial Court i.e. CMA No.105 of 2021 is rejected under the provision of Order VII Rule 11 of Code of Civil Proced....
Court at Nagpur. ... which is pending on the file of Family Court at Nagpur. ... Meanwhile, the respondent has which is pending on the file of Family Court at Nagpur. ... Gondia for restitution of instituted HMP No.176/2019 in the Court of Civil Judge Sr.Dn. ... Meanwhile, the respondent has instituted HMP No.176/2019 in the ....
Ambejogai stands transferred to the Court of learned Civil Judge, Sr. ... No. 116/2018 pending on the file of the learned Civil Judge,Sr.Dn. ... Kumar Sanjay and another, reported in AIR 2002 SC 396 has observed that the wife’s convenience must be Civil Judge, Senior Division, Ambejogai to ... The Hon’ble Apex Court in the case of Sumita Singh vs.
No. 115/2017 pending on the file of learned Civil Judge, S.D. ... Kumar Sanjay and another, reported in AIR 2002 SC 396 has observed that the wife’s convenience must ... ) No.150/2017 instituted by the respondent-non applicant, pending on the file of learned Civil Judge, Sr.Dn., Khamgaon husband be transferred from the Court of Civil Judge, Sr.Dn.
) No.438/2019 instituted by the respondent-non applicant, pending on the file of learned Civil Judge, Senior Division, Pune to the Court ... No.2886/2019 is pending before the JMFC Court No.6, Nagpur. ... No. 438/2019 pending on the file of the learned and another, reported in AIR 2002 SC 396 has observed that the wife’s convenience must ... HMP No. 438/2019 from Pune to N....
) No. 250/2019 instituted by the respondent-non applicant, pending on the file of learned Civil Judge, Sr.Dn., Chandrapur to the Court ... No. 250/2019 pending on the file of learned Civil Judge, S.D. ... Kumar Sanjay and another, reported in AIR 2002 SC 396 has observed that the wife’s convenience must be The Hon’ble Apex Court in the case of Sumita Singh vs. ... No. 250/2019 from Chan....
In case of Sumita Singh (supra), the Hon’ble Supreme Court has observed that wife’s inconveniency must be looked at. ... In the present case, the fairness of judicial proceedings is not questioned by the applicant, but on the ground of conveniency, the applicant is keen to transfer HMP from Porbandar Court to Family Court, Junagadh. ... Sanjay Narayan Patil rendered by this Court on 11.7....
No.105/2020 in the court of Civil Judge Senior Division, Achalpur. ... Reported in AIR 2002 SC 396 has observed that wife’s convenience must be considered in matrimonial proceedings, particularly the court of Civil Judge Senior Division, Achalpur. ... No.130/2020 pending on the file of Joint Civil Judge Senior By this Application, Applicant is seeking transfer of the Petition bearing HMP
this Court for a leave to file such an to file an appeal. ... The first route to this Court is sanctioned by the Tribunal granting leave to file such an appeal. ... but also stipulates the period for making an application to this Court for leave of this Court to file an appeal against the said order which is sought to be challenged. ... t....
The Labour Court repelled the aforesaid contention of the petitioners, again on the same premise that if the workmen were convicted offenders, so were the two reinstated ones, Sethpal Singh and Bhagwan Singh. The Labour Court concluded that charges against the two reinstated employees and the workmen were identical. It was remarked by the Labour Court that the judgment of conviction passed by the Criminal Court would not come to aid of the petitioners, in resisting reinstatement. The....
The decree for divorce which was passed, came to be set aside and the HMP was restored to file. The application to set aside the decree was allowed on 10th May, 2011. On 16th April, 2016 application Exh.73 was given by the petitioner-husband, in which it was stated the petitioner had re-married and two children were born out the settlement.
It refers to certain incidents between the parties from the date of marriage till 5th August 2008, and it is alleged in the petition that the wife had inflicted unbearable and unparallel cruelty on the petitioner and his family members. The caption 'cause of action' in the HMP-2 reads thus : Cause of action : The cause of action to this petition arose because of consistent and continued cruelty to which petitioner is subjected by respondent and also because the respondent has deserted the peti....
Thus, the view taken by the learned trial Court is totally erroneous and unsustainable. That application must be moved by her in the Court of Civil Judge, Senior Division, Kalyan, which has granted the decree of divorce in HMP No. 72/2001. 9. Thus, from the law as emerging, it is apparent that once the marriage is dissolved, section 18 of Hindu Adoptions and Maintenance Act has no application and the respondent/wife has to move an application only under section 25 of Hindu Ma....
As regards the Court which can try the offence under the Act except the offence mentioned in Section 454 of the Act, has to be decided on the basis of the provisions in the Code. There is no provision in the Act or in the Code which says that offences under the Act can be tried by the Company Court.
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