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R. K. Prajapati


Prakash Legal Clinic Haridwar
[ Scorecard : 1935]
Posted On 14 March 2012 at 23:28 Report Abuse

If woman is unable to travel very long distance for appear in case which file by Husband in his city and woman living another city, Than

Produce a application before High Court--

That woman is unable to travel long distance.

Unable to earn maintenance.

Depend on parents.

Cant leave childrens alone. If any.

Court will transfer the case-( *Conditions apply)

*Seema Goyal Vs ChatraPal, 2004(2) M..P.W.N 156= 2005(2) Manisha 107 M.P.H.C

Reena Mehta Vs Rohit Mehta AIR 2003 SC 1002

* Archna Vs surendra Bahadur Singh, 2005) 12 SCC 2371

 

 



Amit ---------------


Worker
[ Scorecard : 7385]
Posted On 15 March 2012 at 09:53 Report Abuse

what is good / new in this news ?



Total thanks : 1 times

Amit ---------------


Worker
[ Scorecard : 7385]
Posted On 15 March 2012 at 09:55 Report Abuse

 

http://www.498a.org.in/rsrcs_strtgy_TP.html

 

Strategy and facts to remember to fight Transfer Petitions
 

  • Normally, Husband or wife can put transfer petition to transfer the petition from the place where it is initiated to the place of convenience.
  • If the source place and the destination place are in the same state then transfer petition has to be put in the high court of the same state.
  • If the source place and the destination place are in the different state then transfer petition has to be put in the Supreme Court.
  • Typical grounds taken by wife in the transfer petitions are below.
    • Having a child
    • Travel is unsafe being a lady
    • Expenses required for travel
    • Threat to life at Husband’s place
    • Husband is very influential in his place
    • Inconvenience to travel long distance
  • Counters for the above grounds.
    • COUNTER OF POINT 1 : One of the parents of the wife can look after the child and another can accompany her. Some of the precedence where this court has taken a similar stand is listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 27 OF 2005)
       
    • COUNTER OF POINT 2 : Just because she is a lady does not mean that she cannot travel a distance of just 8 hours. Supreme court also accepted this fact recently while disposing the "TP (CIVIL) NOS.117-118 OF 2004" while passing the following order.

      "The grounds made out are that the Petitioner is an unemployed lady and totally dependent on her uncle and that she will be hard pressed to defend the Suit at Muzaffar Nagar. It is also claimed that there is a Petition for restitution of conjugal rights and certain other proceedings pending in Delhi. In our view, no substantial ground for transfer has been made out. If the Petitioner wishes that all cases be tried at one place, she mayapply for the same and we will transfer the cases pending in Delhi to Muzaffar Nagar. Merely because the Petitioner is a lady does not mean she cannot travel to Muzaffar Nagar. At the highest she can be paid expenses for travel and stay. We, therefore, direct that the Respondent shall pay to the Respondent and acompanion travel and stay expenses on every occasion that the Petitioner is required to go to Muzaffar Nagar. The Court at Muzaffar Nagar shall ensure that such payment is made to the Petitioner on every occasion. With these directions, the Transfer Petitions are dismissed."

      Just because she is a lady does not mean that she cannot travel a distance of just 8 hours. The respondent wants to bring to the kind attention of the honorable court that in general ladies are misusing the leniency shown by this honorable court in regard to the transfer petition. Supreme court also accepted this fact recently while disposing the "TP (CIVIL) NO.191 OF 2005" while passing the following order.

      "Even otherwise, it must be seen that at one stage this Court was showing leniency to ladies. But since then it has been found that a large number of transfer petitions are filed by women taking advantage of the leniency taken by this Court. On an average at least 10 to 15 transfer petitions are on Board of each Court on eachadmission day. It is, therefore, clear that leniency of this Court is being misused by the women. This Court is now required to consider each petition on its merit. In this case the ground taken by the wife is that she has a small child and that there is nobody to keep her child. The child, in this case, is six years old and there are grand parents available to look after the child. The Respondent is willing to pay all expenses for travel and stay for the Petitioner and her companion for every visit when the Petitioner is required to attend the Court at Delhi. Thus, the ground that the Petitioner has no source of income is adequately met. Except for stating that her health is not good, no particulars are given. On the ground that she is not able to come to Delhi to attend the Court on a particular date, she can always apply for exemption and her application will undoubtedly be considered on its merit. Hence, no ground for transfer has been made out. Accordingly, we dismiss the Transfer Petition. We, however, direct that the Respondent shall pay all travel and stay expenses of the Petitioner and her companion for each and every occasion when she is required to attend the Court at Delhi".
       
    • COUNTER OF POINT 3 : Ready to pay all expenses but mention that this will be paid on actual. Husband is willing to pay reasonable expenses to wife whenever she is required to travel for these cases. Some of the precedence where Supreme Court has taken a similar stand is listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 23 OF 2005, TP(C) No. 24/2005, TP (CIVIL) NO. 27 OF 2005, TP(C) No. 61/2005, TP (Civil) No.66 of 2003, TP (Civil) No.136 of 2003, TP (CIVIL.) NO(s). 212 OF 2006, TP (CIVIL.) NO(s). 142 OF 2005, TP (CIVIL) NOS.117-118 OF 2004, TP NO..416 OF 2004, T.P.(C) No. 489 OF 2004, TP (CIVIL.) NO(s). 561 OF 2004, TP (CIVIL.) NO(s). 191 OF 2005, TP(C) NO.195 OF 2005, TP (CIVIL) NO.243 OF 2005, TP (CIVIL.) NO(s). 245 OF 2005, TP(C) NO.246 OF 2005, TP (CIVIL.) NO(s). 302 OF 2005, TP NO.393 OF 2005, TP (C) NO. 414/2005, TP (CIVIL) NO.459 OF 2005, TP (C) NO. 564 OF 2005, TP (C) NO. 686 OF 2005, TP (CIVIL.) NO(s). 698 OF 2005, TP (CIVIL.) NO(s). 722 OF 2005, TP (CIVIL) NO.725 OF 2005, TP (CIVIL.) NO(s). 741 OF 2005, TP (CIVIL.) NO(s). 743 OF 2005, TP (CIVIL.) NO(s). 746 OF 2005, TP (CIVIL.) NO(s). 759 OF 2005, TP (CIVIL.) NO(s). 769 OF 2005, TP (C) NO. 798 OF 2005),.
       
    • COUNTER OF POINT 4 : You have to mention that you too face a threat at her place. You need to argue that in that case it should be transferred to a neutral place where both husband and wife can fight the legal battle peacefully. There is a judgment on this. Will be provided on request. Please note that in this case you have to give her travel and staying expenses. But this should be a last ditch effort. You should not mention this point of neutral place in the petition. In case your lawyer feel that judge may transfer the petition then only this method should be used.
       
    • COUNTER OF POINT 5 : You have to mention that wife’s family is also influential in their place. You need to argue that in that case it should be transferred to a neutral place where both husband and wife can fight the legal battle peacefully. There is a judgment on this. Will be provided on request. Please note that in this case you have to give her travel and staying expenses. But this should be a last ditch effort. You should not mention this point of neutral place in the petition. In case your lawyer feel that judge may transfer the petition then only this method should be used.
       
    • COUNTER OF POINT 6 : The distance between place A and B is not so far that it will cause inconvenience to wife. Some of the precedence where this court has taken a similar stand is listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 23 OF 2005, TP (C) No. 61/2005, TP (Civil) No.66 of 2003, TP (CIVIL.) NO(s). 142 OF 2005, TP (CIVIL) NOS.117-118 of 2004).
       
  • The team of this NGO are experts in matters related to Transfer petition. We will make useful strategy to make your petition stronger by providing significant judgments to make your case stronger.


Total thanks : 1 times

Amit ---------------


Worker
[ Scorecard : 7385]
Posted On 15 March 2012 at 09:57 Report Abuse

cases r not transferred on the basis of convenience of parties.


being at LEGAL CLINIC, authors views are amazing !



Total thanks : 2 times

Amit ---------------


Worker
[ Scorecard : 7385]
Posted On 15 March 2012 at 10:00 Report Abuse

Originally posted by :R. K. Prajapati
"
If woman is unable to travel very long distance for appear in case which file by Husband in his city and woman living another city, Than

Produce a application before High Court--

That woman is unable to travel long distance.

Unable to earn maintenance.

Depend on parents.

Cant leave childrens alone. If any.

Court will transfer the case-( *Conditions apply)

*Seema Goyal Vs ChatraPal, 2004(2) M..P.W.N 156= 2005(2) Manisha 107 M.P.H.C

Reena Mehta Vs Rohit Mehta AIR 2003 SC 1002

* Archna Vs surendra Bahadur Singh, 2005) 12 SCC 2371

 

 
"

 

can HC transfer any case ?

would u pl. elaborate the transfer procedure of case that is filed in a different state ??


Amit ---------------


Worker
[ Scorecard : 7385]
Posted On 15 March 2012 at 10:02 Report Abuse

maintenance is not earned - it is granted by court !

for me, the verb - TO EARN - has a different meaning.

 

kindly correct me if my version is wrong.



Total thanks : 1 times

Sameer12345


SSE
[ Scorecard : 962]
Posted On 15 March 2012 at 10:05 Report Abuse

Originally posted by :Amit---------------
"
cases r not transferred on the basis of convenience of parties.




being at LEGAL CLINIC, authors views are amazing !
"

HA HA HA... LOL......



Total thanks : 1 times

cm jain sir


ccc
[ Scorecard : 871]
Posted On 15 March 2012 at 12:10 Report Abuse

You are requested to change your the title of your post.

What good thing you have seen in this judgement!

please read the judgement once again!


Amit ---------------


Worker
[ Scorecard : 7385]
Posted On 15 March 2012 at 12:11 Report Abuse

judgements of the years - 2003, 2004, 2005 !

its 2012, dude.


Nadeem Qureshi 9953809956


Advocate/ nadeemqureshi1@gmail.com
[ Scorecard : 21767]
Posted On 16 March 2012 at 10:27 Report Abuse

wow what a good point Mr. Amit..............


Total thanks : 1 times


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