Saurabh (Sr Consultant) 06 August 2016

Wife files transfer petition after one year of rcr trials.

Dear Learned Friends,
Greetings!
This query has been made regarding a transfer petition of Section-9/RCR of HMA in Supreme court of India by the wife. The brief details are as follows:
Marriage took place in April-15, it lasted only for 45 days. Wife deserted in mid of June. In 3rd week of July the husband filed RCR. Wife filed D.V act at the maternal home city in the month of November. Wife appeared in RCR 4 times till date and no counseling till date in the case of RCR. Judge had warned wife's lawyer to ensure his client attends the hearing in August. But, in that hearing of RCR, wife’s council appeared and moved an application citing that they have applied for transfer petition in Supreme Court for transfer of RCR to the city where the wife lives. The application was not having any supporting documents, the case no. of Supreme Court, etc.

Now my query is:
1.) After appearing 4 times in RCR in the current court where the hearing is going on, will supreme court still allow the RCR transfer?
2.) What are the chances of SC allowing this petition?
3.) Shall the husband also defend the transfer petition in SC.?

Saurabh.

Reply Follow

7 Replies

fighting back (exec) 06 August 2016

RCR is a toothless tiger, court cannot force you or her to stay with the other, so to sum it up, it is a useless case to fight upon, only wasting time and energy

Now my query is:
1.) After appearing 4 times in RCR in the current court where the hearing is going on, will supreme court still allow the RCR transfer?

courts are lienient towards women, so there is a possibility of it being allowed, hoewevr if you argue in court that you are ready to pay for her travelling expenses to your home town for the RCR case, also show the court that she is sitting idle at home so she should not have trouble coming for the case, also show that if you travel to her place there is a chance that you will be in danger from your inlaws

2.) What are the chances of SC allowing this petition?

depends on how well you argue on the above given poits

3.) Shall the husband also defend the transfer petition in SC.?

if you dont defend, it will be passed exparte and be transferred

Saurabh.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 06 August 2016

Sir,

There is no hard and fast rule for transfer petitions to be decided by the Hon'ble Supreme Court.

Recently I have got one transfer petition dismissed which was filed by the wife. It depends upon the facts and circumsatcnes of each case.

Warm Regards

Kapil Chandna Advocate

9899011450

HIRAL THAKKAR (ADVOCATE ) 06 August 2016

I agree with Kapil. Now a days only if there are circumstances in favour of wife, courts hears them otherwise they are reluctant to pass any orders.

Sachin Gulyani (Student) 06 August 2016

I have one case where wife filled the transfered petition for the transfer of divorce case.

Grounds for husband to defend was:

1) He was suffering from spine TB and cannot travel even out of home (Medical Certificate was attached)

2) Wife was earning a handsome amount of salary at the capacity of Senior Manager and husband was having her contract letter wherein it was mentioned that the company can send a wife anywhere in India and abroad for company's work. Husband presented it and argued that wife is well capable to travel. (Contract Letter as a proof attached)

3) Husband was bed ridden for 6 months and having no source of Income. (Husband's Income Tax Return of 9000 Rs. /annum was attached)

4) Wife's Bank Account statement was attached wherein in her account she has withdrawn Cash from different ATMs from different locations of India. This means that she is a capable lady and travelling pan India (Bank Statement Attached)

5) Husband was having a letter from wife wherein she was asking for forgiveness of her wrong deeds and accepting that she was not taking care when husband was bed ridden. (That forgiveness letter from wife was attached in her handwriting with her signature below)

6) Husband Pointed out her different contradictory statement in the petitions she filed with supreme court and lower lever courts. (Attached the contradictory statements of wife)

Judgement:

Transfer Petition of wife is allowed. It is directed to court to finish the case at rapid pace without unnecessary adjournments.

___________________

Now imagine if husband having these much proofs then too it was not allowed then what do we expect from other cases?

Vibha 06 August 2016

Every case is unique. It is not prudent to draw conclusions by hearing somebody else's story. There may have been other factors that played into decision of judges.
You put the best possible case opposing transfer as possible and let the court decide.
95% transfer cases are decided in favor of the woman. Keep that in mind. Don't get your hopes too high, but put forward the best case from your side.

Saurabh (Sr Consultant) 07 August 2016

Thanks everyone, from all the replies I could understand that even if husband is in death bed, most probably transfer petition will be in favor of wife (pun intended). Thus, I will ask my friend not to wate lakhs of Rs in trying to stop it.

We will think of some other way.

Thanks everyone for your valuable suggestions.

Saurabh.

A walk alone (-) 07 August 2016

Brother your friend can try. Our judicial system is almost corrupted. If your friend is rich he can spend money he can try. First he should hire a experience lawyer of SC and discuss with him . Your friend has plus point also that his wife file case july after he file in apr15.