(Querist) 08 August 2010
This query is : Resolved
Sir, Iam NRI . I got married in 2006 in tamilnadu and filed for divorce in 2008 in the family court of chennai.
My wife filed an RC petition in her home town immediately after I had filed for divorce. She was trying to drag the proceedings in the family court of chennai.
So, I got an CRP order from the High court of chennai to complete the case within six months. Meanwhile, I had also filed for the RC case to be transferred from her home town to chennai on the grounds that Iam an NRI and my father (power of attorney given to him)is a heart patient (medical certificate provided to the High court of chennai)who will be unable to travel long distances.
Now, a high court judge of chennai has passed an order on my transfer petition that the RC petition cannot be transferred from her home town and further, he has ruled that my divorce case also to be transferred to her home town. Kindly note that there was no pray from my side or from her side to transfer the divorce case that I had filed in chennai.
Now, can I approach a division bench of Madras High court saying that the first ruling of CRP (finishing the case within 6 month)ultravires the second ruling of transfer of case from chennai to her home town and further and the judge has not considered the fact that Iam NRI who needs to pay hefty air travel fees or my father, a heart patient, has to travel around 700 kms.
Secondly, Sir, I would need your advices on "Irretrievable breakdown of marriage". Iam staying alone for the past 3 years and which can be proved using my passport. I know the fact that the "Marriage amendment bill 2010" has been introduced in the parliament on the recommendation of Law commission and Supreme court. The bill has two parts (mutual divorce = 13B, Filing for divorce if a person has lived apart for 3 years - 13c). I fit into the 13c. Sir, I came to understand that I can file an affidavit for "Irretrievable breakdown of marriage"as soon as the bill is converted to an äct".
Can u please advice me on these two issues? I would be grateful to receive your esteemed advices. Thanking you.
(Expert) 08 August 2010
The order as mentioned by you clearly seems to be illegal and without any legal standing. In stead of challenging in the same court you better approach the supreme court in SLP as we find it to be more generous in this respect. ;Irretrievable breaking down of marriage' is not a ground for divorce in India as yet though the honourable supreme court in its power under article 142 can consider this as a ground for divorce. So I find challenging the above order in the supreme court may serve two purposes by one shot.
(Expert) 09 August 2010
you have to approach the supreme court only against the order of transfer. this ground is yet to be made a ground for divorce. file slp at the earliest.best of luck.
(Expert) 09 August 2010
YES U HAVE TO APPROACH THE SUPREME COURT ONLY AGALNST THE ORDER OF THE TRANSFER.