Raj (IT) 21 November 2015

Maintenance filed by father

My mother filed a maintenance case on my father. He's been absconding and not taking care of her. While the court proceedings are on, in the interim, my sisters and myself look after her.

Last week my mother's lawyer arranged for the noticed to be served to him by hand by police (since he was ignoring notices sent to the only proprety), he has not filed a maintenance case on me (thiniking my mother would take her case back if he harassed me).

Now, the case if filed in Belgaum and I am working and residing in Bangalore for over 9 years now. I cannot afford to take leaves from office to keep travelling to belgaum to attend to court there.

Is there any solution where I can request that court(s) to transfer to the case to Bangalore so that I can attend?

Please advise.

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4 Replies

Kumar Doab (FIN) 21 November 2015

Apparently so far no case is filed.

Depending upon what forum is approached by him, you can contemplate the remedies that are available to you.

Your lawyer can represent you.

Raj (IT) 21 November 2015

Case is already filed ( i think) in family. Today, it was court date for my mom's case, and she hread my name being called by the court. Also, her lawyers stated, that, my father has not filed any objections as of yet, instead he has filed case on me. And his lawyers states, they will file objections (for my mother's petition) on next hearting of my summons as well. But I am not sure why my mothers lawyer is not actioning properly. For my mother, she will have to wait one more month? She has already waited for about 8 months - he was absconding so far, till last time. Could my lawyer not ask for interim maintencance or send him to jail for not paying so for?

(Guest)

your lawyer can file for interim maintainance. if he is not working properly, it means that he was bribed by your father for doing so. change lawyer.

about transfer of case, if you can show why you cannot attend to court, then the court might transfer the case.

B.N.Raja Mohamed (ADVOCATE) 26 November 2015

Sir,

Transfer of cases are possible by citing justifiable reasons like illhealth or any other dreadful inconveniences.If the case is to be transferred from one court to another within the same distrct it can be made by filing a transfer petition before the district court.If it is between two districts it can be done only by the high court.