Transfer of Divorce case
Guest
(Querist) 12 December 2010
This query is : Resolved
My husband is thinking about divorce, presently i live with my parents. My father is a retired man. My question is that If my husband files a divorce case against me in his city , can i ask court to get that case transferred to my city. Being a female it is difficult for me to travel alone.
1) Our marriage took place at my husband's native place, his city . Does this matter ,if i want the case to get transferred in my city . ????
2) working or non working status of wife matters in the transfer of divorce case ???
Devajyoti Barman
(Expert) 12 December 2010
1. Yes and for that you have to file application for transfer in the high court if both the cities are in different district of the same state and in the supreme court if the cities are in different6 states.
2. No issue in general.
Guest
(Querist) 12 December 2010
Thankyou so much. Iam in maharashtra, and my husband is in punjab. 2 different states.
Devajyoti Barman
(Expert) 12 December 2010
Then such application lies only n supreme court.Nowadays the approach of the supreme court has become bit different and by our experience unless a strong case is made out the case may not be transferred.
Arun Kumar Bhagat
(Expert) 12 December 2010
Supreme Court may transfer the case to any court in the state equal in distance from Maharasthra and Punjab like U.P.or Bihar.
s.subramanian
(Expert) 12 December 2010
You can try. Supreme court will certainly transfer.
Guest
(Querist) 12 December 2010
Thankyou very much all
Raj Kumar Makkad
(Expert) 14 December 2010
This case can be got transferred by you in your city by moving a petition before SC.
Nu.Delhi.Law.Fora.
(Expert) 14 December 2010
Dear Querist,
Its my experience on regular appearences in Hon'ble SC that divorce suit filed in Punjab and since you are in Maharashtra being a woman/wife, getting the divorce suit stayed and then on a subsequent hearing, the same can be got transfered if such grounds are agitated on your behalf particularly since you being a woman/wife to take travel in a different state and at such a distance.
Trust this would suffice.
Thanks & regards.
Rabin Majumder
Advocate & Attorney
NuDelhiLawFora
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001
Guest
(Querist) 14 December 2010
Thankyou very much.
G. ARAVINTHAN
(Expert) 15 December 2010
If you want transfer within State, then application can be moved before High Court.
In you want from state to state, then application be submitted before supreme court
Adv.Shine Thomas
(Expert) 29 December 2010
Sce.25 of the CPC empowers the SC to transfer any suit from one HC to another HC or from one civil court in one state to another civil court in any other state throughout the country if it is satisfied that such an order is expedient in the ends of justice.
