Transfer of divorce case

Dear Allen, 

Any inter-state transfer (concerning two different states) can be done only by the Supreme Court of India. And the trend shows the normally courts have been pretty liberal in transferring petitions at the behest of women. Normally in such cases your petition in Chennai gets stayed first (ex parte), and then transfer petition is decided after serving you a notice and letting you put your side of the story before the court. 

In order to pre-empt and avoid an ex parte stay, you may prefer a caveat in the Supreme Court of India, by which you would get to know when they file a transfer petition and you get to oppose their stay as well. 

Hope this Helps !

Adv. Bharat Chugh

* Supreme Court of India

Thanks Both of u sir For Ur Reply...

To be an ex-parte i shd have failed to attended this case for more than 3 months. For all these years i have missed only couple of hearings. Since i have filled this divorce in adultry, Respondent 2 is already a ex-parte and my wife Respondent 1 also not very frequent in attending. Every third hearing only she comes, judge already asked me to send court letter as warnings. The most important they filled 498A case after i filled Divorce. so this is also in chennai.

Since I have some advantages on this but still fear of case getting transferred. They wants me to come mumbai and get fed up of travelling and come for settelment.

In 498A case they are just dragging and not attending since they knew that case has no evidence.

Already Cheque bounce case they filled in Mumbai against me was dismissed.

Now you can understand my height of stress i am suffering from 2008.

Do i still need to file a caveat in the Supreme Court since Respondent 2 became ex-parte?

Bharath Sir,

''you may prefer a caveat in the Supreme Court of India''  what is Caveat and how can i fill in supreme court?

If they had already transferred to mumbai? how can i get it back to chennai or common place?

Some confusion...........the "ex-parte" experts here are trying to tell about is for HER POSSIBLE TA IN SC, not in ur divorce case running in family court presently.

See if she applies for TA in SC n court gives stay on proceedings for divorce case while u do not get an air about this SC case, it may stall divorce case at ur city till TA is decided in SC.

For that, caveat is required. It simply means that u anticipate a case from ur wife in SC n want ur side be heard b4 passing any unilateral ordres...........and pray for the same.

Caveat is required only if u want no STAY ON PROCEEDINGS for ur divorce case till SC clears her TA

As i said today i atended divorce case at chennai and she also came but the judge was absent. I asked for short date but they gave me OCT 25th since no earlier date was available. She asked for Nov 21st date very adamantly but they refused to give long date. later she said was going to get transfer case to mumbai by applying through SC. I immediately raised question that the MC are still present. She was shocked and said she will withdraw the MC case.

I have a doubt they must have applied for transfer already and also might have put a seperate MC in mumbai without mentioning in her application. That is y they are asking a specfic date on nov 21st.

1. Can i put a stay on MC which they trying to withdraw?

2. Will the Transfer order get rejected because of not disclosing MC at chennai.

3. Shall i put a plea asking to  reject transfer order by  our judge at chennai court, mentioning all other cases (Dowry and MC at chennai and also Cheque bounce case on me in mumbai court dismissed because of contionous non attendance from their side?

Please advice

Few Queries..

1. What is the court fee for Caveat in supreme court ?

2. If they already applied TA in Supreme court, can i still apply for Caveat?

3. I need to submit all other chennai case documents as grounds for non transfer of divorce case?

Some doubts,

1. What is the court fee for Caveat in supreme court ?

2. If they already applied TA in Supreme court, can i still apply for Caveat?

3. I need to submit all other chennai case documents(like ongoing MC, dowry case) as grounds for non transfer of divorce case?

Your query is specific but the facts are not specific....whether there is divorce filed by you and maintenacne by her in Chennai....

If so, she cannot file transfer appln in Supreme Court sincec she herself has filed maintenancce appln

if it is withdrawn...you can check it....

but for whatrever reason, if she goes for transfer of your petn from Chennai to Mumbai...then in that case, she must have filed something in Mumbai Family Court....

you can check on the internet ....in google search

District Court Maharashtra, case statsu, put party's name her name if you find it fine...

else you need not file caveat  as without notice stay is rarely granted

do not waste your money...

further...

you can check Supreme Court cause list if she has filed on transfer application

it willbe under title Transfer Application.....

if she has filed then you can also contest it

or practical advise....let her get it transferred and later it would be dismissed for want of prosecution if you do not attend it...

you file it again in Chennai

meantime her maintenacne petn in mumbai will also get over....

further advices strictly by email.... to maintain confidentiality and smart advises

anamika_vichare@rediffmail.com

Anamika Vichare, Family Court Lawyer, Bandra, Thane, HIgh Court, Sessions, MM Courts

Thanks Mam for your reply...

- Checked the District Court Maharashtra, case status by her name but no records found. I had attached screen shot of it.

- The supreme court have daily cause list so diffcult to find, also checked judis.nic.in by free text--transfer case civil no 

   records found.

- You mentioned '' let her get it transferred and later it would be dismissed for want of prosecution if you do not attend it...''

But if it get dismissed our relationship one again be Husband and wife and i dont even come to know it has been dismissed since i am not going to attend. how can i file again?

Current Status of case in chennai

Judge in last hearing cleary said to their advocate to appear her for Pw1 cross and instructed them its a final chance for her. If she not attending i may get ex-parte or even divorce (correct me if i am wrong).

If she attends i dont know her advocate will cross me on next hearing. If they ask for time again will the judge grant them or will give me exparte ?

or practical advise....let her get it transferred and later it would be dismissed for want of prosecution if you do not attend it...

you file it again in Chennai

hi madam,

i just happened to read your opinion given to the member, i am curious to know the above advice you gave, request you to kindly shed light on that point.

how can a case be dismissed for want of prosecution if you do not attend it. in my opinion, it would be an ex-parte. i.e. the case will be transferred to the wifes place if the the other party does not turn up request you to kindly elaborate.

and how can the case be again filed in chennai when the case is lying with the SC, and if it happens to be exparte.

thanking you and awaiting your kind reply

Hi Sanjeev,

Mam refers after the case transferred to mumbai by SC. if i dont attend it will get dimissed.

hi allen,

i think there is a slight confusion over the reply given to you by Maam, even i liked her advice very  much as i am about to face the same problem similiar to yours, however as per your answer the case will be DIMISSED in mumbai as per your reply. however, if a party remains absent, the verdict given is ex parte and not dismissed. i think you need to get that answer correct. even i would like to get an elaborate answer from her as the suggestion she has given is quite good. however i have never heard that a case gets DISMISSED because of the absense of one party. it is given ex parte. in your case, if you dont attend. you will loose your divorce case, and you cannot file a divorce again on the  same grounds again. need to get clarification again

Hi Sanjeev,

I got it, we willwait for mam's reply. There is lot of ways in our Law to dismiss or get reopened after dismissal