Hi All.... If husband and wife both are divorcee at the time of marriage and it is their second marriage which divorce section will apply 12 or 13 husband advocate advice him section 12 divorce can it is correct. Husband advocate already withdraw section 13 divorce case which was transferred by wife from husband district to her district through high court. Can it is possible that now husband will able to transfer domestic voilence and 125 maintenance case from wife district to husband district through high court and register fresh divorce case under section 12 in husband district.
Dear Client, based on your question, if both the spouses are divorcee at the time of marriage, section 12 of HMA,1955 applies voidable marriage , section 13 of HMA,1955 talks about Divorce, grounds of divorce is mentioned under this section. if husband wants to transfer his DV case from one district to another district then have file transfer application to High court. Hope this answer help you. For detail discussion feel free to contact.
