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Akshay sharma   12 February 2018

Transfer petition

My husband filed a divorce under section 13B (1) (ia) in Delhi patiala court in 2014. I filed a transfer petition in supreme court which trasfered my case to Kolkata district court in 2015. In the transfer petition the supreme court mentioned that the main matter should be disposed off either by amicable settlement or early decision preferrably within a period of 6 months. Currently the matrimonail suit and my miscellaneous suit are ongoing in the district court of Kolkata. Now my husband has again prayed before the supreme court for direction of time bound proceeding/disposal of matter in question preferrably within a period of 3 months. Can the court grant this prayer without my presence or reply? Also can his plea be rejected as he didn't file a plea in the higher court?


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 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     12 February 2018

MAM, Courts issue notice to the other party .... but what is the objection u have if the SC decide to dispose of the matter expediosuly .... Warm Regards Kapil Chandna Advocate 9899011450,9911218741 Kapilchandna.legal

Akshay sharma   12 February 2018

His grounds for claiming the expeditious order is completely skewed in his favour. He had only attached and shown that I have tried to drag this case unnecessarily, the certified order copies of my district court haven't been attached in his annexure. Which would clearly show who is filling applications and paryers which in turn is dragging the matter. One instance is him filling for police protection against me another of me reimbursing him for air fare both of which was rejected by the judge. He also filed an application against the judge claiming bias against him which led to the matter being changed to a different court. I am just a bit frazzled as this prayer which he filed in the supreme court he did not send me any notice. Instead sent a cot to my supreme court lawyer who filed my transfer petition in 2015. I have not even signed any new vakalatnama with that lawyer post my original decision. Can be represent me based on my old vakalatnama?

Vijay Raj Mahajan (Advocate)     12 February 2018

You're aware of the application pending in the Supreme Court and open to challenge it through your lawyer. A fresh vakaltnamma will be required for the matter if the application is not attached to previous decided transfer petition disposed by the court in 2015.

Expediting the divorce proceedings which otherwise is very much time consumming and even the Supreme Court pointed out for amicable settlement while transferring the case from Delhi to Kolkata should also be worked out by both parties.

Akshay sharma   12 February 2018

ma'am is that really your legal opinion? kindly rant on your own disgruntled life and views elsewhere.... I never said I don't want the matter to be disposed off early. My point is the reasons hes attached for doing so aren't the whole picture, instead it puts all blame on me for delay and diversary tactics. a simple look at my complete order sheet of the district court will confirm this to any educated or qualified person. but thank you Mr mahajan for the confirmation about the vakalatnama

R.K Nanda (Advocate)     12 February 2018

SC can grant him prayed relief in ur absence also

Adv Radhika Mehta (Advocate)     12 February 2018

While i understand that your husband's reasons may be wrong or he may be seeking a chance to put more allegations on you, expedition will also suit you.  So what you can do is that file a detailed reply to his Writ but dont oppose the relief being sought as this may go against you in the long run as if your objection is recorded, husband will use it everywhere to prove that you just want to harass him.  


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