Transfer of divorce case
mycent
(Querist) 19 December 2011
This query is : Resolved
Hi,
My wife has file dher reply in divorce case & judge has ordered for conciliation. She is not appearing for the last 5-6 dates & her lawyer is putting petition for her absence.
Now she has put transfer petition in HC to transfer the case to her town on the grounds - No income & threat at husband's place. She has also mentioned that she has filed 498a against me which is in her city. I lost my job but paying her interim maintenance.
Experts, pls. share any SC citation/judgement to counter the TRANSFER CASE.
thanks !
Devajyoti Barman
(Expert) 19 December 2011
The transfer for case against the wife is liberally considered by the court.
So while contesting such transfer in stead of trying to go for its dismissal pray for fixing a neutral place in between your respective places so she needs to run for her case as well.
Nadeem Qureshi
(Expert) 19 December 2011
Dear Mycent
I am agree with Mr. Burman.
Raj Kumar Makkad
(Expert) 19 December 2011
What the law says:
Power to transfer petitions in certain cases.-(1)Where-
(a) a petition under this Act has been presented to a District Court having jurisdiction by a party to marriage praying for a decree for a judicial separation under Section 10 or of a decree of divorce under Section 13; and
(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under Section 10 or for a decree of divorce under Section 13 on any ground, whether in the same District Court or in a different District Court, in the same State or in a different State, the petitions shall be dealt with as specified in sub-section (2).
(2) In a case where sub-section (1) applies,-
(a) if the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court;
(b) if the petition are presented to different District Courts, the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.
(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 5 of 1908 to transfer any suit or proceeding from this District Court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.
V R SHROFF
(Expert) 19 December 2011
Mycent,
Transfer application by wife in divorce cases now became a Rule. No exception.
So useless to oppose it.
I always recommended Husbands to file Divorce Application in court where she reside, It saves time.
Don't dig citations and waste your time.
ajay sethi
(Expert) 19 December 2011
it is in your interest to agree to transfer of the case . you will un necessarily waste valubale time . courts generally lean in favour of wife in such cases as it would cause the lady unddue hardship in case application is not allowed
Shonee Kapoor
(Expert) 20 December 2011
Sadly, most probably it would be transferred.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 20 December 2011
Rightly opined by the experts.
