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Kunal (personnel)     23 September 2013

Divorce transfer request to supreme court

Dear Law experts, i am from Bangalore.i have filed for divorce from my wife in Bangalore.wife deserted me since last more than one year stays in gujarat with her parents. she has already file false 498,DV & Maintenance against me and my parents in which we got normal bail and fighting it on merits since last one year . finally due to cruelty from her and her parents,i have decide to file divorce in bangalore where we both last stayed. Now she appeared to bangalore family court with her gujarat lawyer and also appointed one local lawyer in Bangalore and informed to judge that we have sent request to supreme court,delhi to transfer this divorce case from bangalore to gujarat and bangalore judge asked for submission proof for which they said it will take one month and bangalore judge has given next date after 40 days.i am very much sure that she has not filed anything to supreme court and just to get more time she is misguided bangalore court that she has filed divorce transfer case request. now my questions are: (1)how to get to know from supreme court,delhi that my wife has submitted any divorce case transfer request or not? (2)is it that easy for my wife to get divorce case transferred from supreme court? does not she require to higher delhi advocate for the same? (3)will supreme court send me summons or letter saying your wife has submitted such request and do you want to defend it or file any objections for the same.in short will supreme court give me chance to hear my objections ? (4) i do not want to make this transfer happen as then i only every time have to travel to gujarat to fight my own filed divorce. divorce is the only option i have got to get my freedom back from money minded wife and inlaws.


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 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 September 2013

Normally court transfers the petition where the wife presently residing.  If the case is admitted you will get the summons from the court, some times court directly allows the petition.

Kunal (personnel)     23 September 2013

thank you rajeev sir. without my knowledge ,can supreme court transfer divorce case to wife's place? our marriage took place in gujarat but last we both stayed in Bangalore. only supreme court can transfer or even gujarat high court has right to make case transfer from bangalore to gujarat.

Kunal (personnel)     23 September 2013

rajeev sir, some times court directly allows the petition,means?

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     23 September 2013

Dear Querist, As regards Q. 1)how to get to know from supreme court,delhi that my wife has submitted any divorce case transfer request or not? A: You may browse Supreme Court website else, you may file Caveat petition in the SC. Q(2)is it that easy for my wife to get divorce case transferred from supreme court? A: depends on facts and circumstances of the case. Q. does not she require to higher delhi advocate for the same? A: Its her choice. Q(3)will supreme court send me summons or letter saying your wife has submitted such request and do you want to defend it or file any objections for the same. A: YES upon issuance of notice the proposed TP wherein you will have fair chance to hear my objections? Q(4) i do not want to make this transfer happen as then i only every time have to travel to gujarat to fight my own filed divorce. A: You mat file caveat immediately and then get your AoR ready for strategising objections against the TP. Trust this would suffice.

Kunal (personnel)     23 September 2013

Dear Sir, thank you for your reply. i have checked spereme court website.my wife has filed Transfer petetion. how i can file caveat petition now,as i am located in bangalore and how caveat petition help me? are you practicing in supreme court? pls reply

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     23 September 2013

Dear Querist, I practice in Hon'ble Supreme Court regularly and, if you may note, I am an Advocate-on-Record which fact you may check from SC website. Since you have known that your wife has filed a TP in SC, you may chose to file Caveat through an AoR and/or when the said TP is listed for hearing, a copy of the TP would be served on the AoR acting on your behalf so that you may depending upon case is built up, you may object the transfer as well as stay. Please revert on my cell now.

Kunal (personnel)     23 September 2013

Dear Sir, i am not able to find your cell no. pls provide

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     23 September 2013

Dear Querist, Please see pm, i sent my contact no.

karthik (divorce applicant)     25 September 2013

check below link you can search based on you name or your wife name surnam/fullname combinations you will come to know if any transfer case filed by your wife in SC

https://courtnic.nic.in/courtnicsc.asp


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