about section 9
devendra nigam
(Querist) 02 May 2017
This query is : Resolved
My brother filed for sect 9 to call her wife to reside with him in 2013. But she transferred her case from supreme court from Mumbai to lucknow. The ground for transfer was
1 she being a woman cannot travel alone due to lack of safety.
2 she has no relative in Mumbai.
3 she has no money to afford travel.
All of these are false
Can my brother reapply for retransfer to mumbai ? On what grounds and under what section
devendra nigam
(Querist) 02 May 2017
Advocates not giving any advice in this matter. The case was transferred as exparte too. Please help
Guest
(Expert) 02 May 2017
The Women would be given Preference in Case being conducted at the Place where they Stay in Family Matters basing on Various Valid Legal Grounds.In your Case the Supreme Court had ordered for Transfer being the Transfer is from State to Other State.So your attempts to Transfer to your Place will not Yield any Result.The Ex Parte Orders could be Set Aside and you could Contest the Case.Better Meet and Appoint a Good Senior Side Advocate of Family Matters at Lucknow and Proceed with the Case.
R.K Nanda
(Expert) 02 May 2017
he can file transfer petition in SC but chances are very remote.
Sudhir Kumar, Advocate
(Expert) 03 May 2017
You say that the grounds are false.
You have not narrated what is the truth contrary to these grounds.
Prima-facie the grounds given by her appear justified. She has won herculean battle.
Sudhir Kumar, Advocate
(Expert) 03 May 2017
notice under section 9 is almost guaranteed tool to compel the wife to file true/false criminal cases in husband including parents, married/unmarried brother/sisters and spouses at the place where she is.
This forum is full of such queries.
Your brother has already sown the seed the harvest is expected.
You may now need a lot of money and energy to fight civil as well as criminal cases in Delhi. In criminal cases the advocates charge not per case rather per accused.
You have to see whether you have energy and money to spend on the futile project of re-transfer of civil case to Mumbai and then transfer of criminal case to Mumbai with bag full of currency each time.
Rajendra K Goyal
(Expert) 03 May 2017
Orders for transfer of the case was given by Supreme Court. She must have preyed transfer on the above grounds. Your lawyer should have countered and bring the facts with proofs on Supreme Court File.
Finding of court is based on facts on the case file. Actual facts may differ hence not true / acceptable / base for findings as not brought on the court file.
It seems, same was not done, hence findings / decision of court is final till decided otherwise by superior court. In this case there seem to be no court above Supreme Court.
Guest
(Expert) 03 May 2017
Agreed with expert Mr.Rajendra K goyal
Kumar Doab
(Expert) 03 May 2017
Mr. R.K. Nanda has given his frank opinion.
Your own counsel at your location must have update you on scope.
Sudhir Kumar, Advocate
(Expert) 04 May 2017
Further the order is ex-parte as you said.
Since you know the grounds of her request to Supreme Court you may have received notice of her petition.
Please elaborate the actual position.
Kumar Doab
(Expert) 04 May 2017
“Advocates not giving any advice in this matter.”
If you have already consulted/engaged, but are not satisfied due to any reason, prefer second opinion from a senior local counsel, of unshakable repute and integrity, specializing in Family matters.
