Transfer of divorce suit from one state to another
Priyam Roongta nee Gupta
(Querist) 11 April 2019
This query is : Resolved
I belong to Navi Mumbai, married to a Delhi Boy.Marriage took place in Delhi in Dec-2015.On Wedding Night itself it was established that the Boy was Impotent owing Drug Abuse.Under pretext of Job Transfer the Boy was moved to Hong Kong without me even the employer provided spouse visa . I stayed with in-laws till July-2018 during which the Boy visited India a few times during which my parents requested and agreed to explore all possible medical management but the boy and in-laws never permitted for social disgrace.I somehow managed to stay with in-laws but life became so miserable that I had been practically shipped off to my Parental Home and I am staying with my retired parents with limited income from their saving.Now in Jan-2019 the boy has filed a Divorce suit under HM Act at Delhi Court and I have received summons.Contesting a case Delhi will be a cruel nightmare for me apart from continuous fear factor. I seek guideline as that such case can be asked requested for transfer to Jurisdictional Court at Navi Mumbai. Is it possible and lawful? What to do ?
Dr J C Vashista
(Expert) 12 April 2019
What is the reason for getting the case transferred, when both of you have decided to part ways amicably and mutually? If would be only 2-3 times you will have to join the Court proceedings which shall be at the cost of your spouse/husband.
If you feel, may contact me (on appointment) at:
Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939
Dr J C Vashista
(Expert) 12 April 2019
You will have spend more time, efforts and money in getting the case transferred from Delhi to Mumbai Court, which is again, indefinite, therefore, it would be advisable to continue contest/ proceeding in Delhi.
Devendra N.Tripathi, Advocate
(Expert) 12 April 2019
Yes its possible and lawful to have the case transferred to the city you stay in or the city of your parents. We will have to move a Transfer Petition in the Supreme Court. SC is usually decides the Transfer Petition in favour of the wife, depending upon the facts of the case.
For further advise you can email me on dev.tripathi@gmail.com
Thanks,
Devendra N. Tripathi
Advocate
Vijay Raj Mahajan
(Expert) 12 April 2019
Going to Supreme Court of India for transfer the divorce petition from Delhi to Mumbai will be cumbersome process lot of time and money will be wasted and mind you no guarantee the transfer petition will succeed and divorce petition get transferred to Mumbai from Delhi.
Second point you can seek divorce from Mumbai against him irrespective of the divorce petition filled by him in Delhi Court.
That will be independent case and will be decided by the family court in Mumbai.
As far contesting the Delhi family court case of divorce, you engage Delhi lawyer to represent you and take time for further proceedings in the case from your side. Few dates in Delhi family court can result in process getting delayed by months and even few years, nothing positive will be happening as I know the divorce cases getting delayed by 4-6 years in Delhi court is a common practice.
The divorce case filled by you may not be contested by your husband and make it sure to have ground mentioned about his impotancy, this will add to his resistance in contesting divorce case in Mumbai family court.
As soon you divorce in Mumbai court, your Advocate can inform the Delhi family court about it and get the divorce petition of your husband dismissed on the ground of non existing marriage that can be disolved by decree of divorce.
In this manner you not only get divorce on your grounds of his impotancy and the ground of creulty made against you by your husband also get dismissed, you will come out clean and get remarried easily.
My email: vijaymahajan5758@gmail.com
Kappil Cchandna
(Expert) 13 April 2019
Mam,
You can file transfer petition in Supreme Court of India.
For more visit https://www.kapilchandna.legal/judgement-of-transfer-petition-in-favour-of-the-wife-in-supreme-court/
Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
Guest
(Expert) 13 April 2019
Well Advised by Advocates Mr. Devendra N.Tripathi and Mr.Kapil Chandna
Guest
(Expert) 13 April 2019
Section 25 of the Code of Civil Procedures empowers the Supreme Court of India to transfer any case from one state to another.
Guest
(Expert) 13 April 2019
Such Transfer Petitions in Supreme Court would be completed maximum with in 4 to 6 month time by good Advocates and it is Not a time and money consuming process as commented by Mr.Vijay Raj Mahajan and in such cases the presence of the Petitioner and Respondent also not mandatory Please.
Guest
(Expert) 13 April 2019
Certainly in Transfer Petitions the Women side will be given Priority as Rightly Pointed out by Advocate Mr.Devendra N.Tripathi
Guest
(Expert) 13 April 2019
Why should Mr.Vjiay Raj Mahajan has to State " Delhi to Mumbai would be a cumbersome process , lot of time and money would be wasted and mind you no guarantee " See the Statement obviously confirms his in experience in Supreme Courts Matters and for that reason he should not misguide the innocent querist.
Guest
(Expert) 13 April 2019
Mr.Vjiay Raj Mahajan When already the Divorce Suit filed by husband is pending in Delhi about which the Wife is very much aware how could wife file a additional fresh Divorce Suit in Mumbai. Is it Legally acceptable. Please Justify your advise.
Guest
(Expert) 13 April 2019
Dear Querist Once you start the Process of Filing the Transfer Petition in Supreme Court you should also get the stay in the concerned court where the Divorce Suit filed by your husband is pending.
Guest
(Expert) 13 April 2019
Such inexperienced persons discourage people preferring to Supreme Courts.
Guest
(Expert) 13 April 2019
certainly the Truth Triumphs in Supreme Courts
