Transfer petition in sc
Querist :
Anonymous
(Querist) 22 March 2018
This query is : Resolved
Hi Experts,
My wife filed 498a on my entire family and relatives and then forced us for a divorce (only 3 months into marriage). We agreed to her demands but then she went to her native place and after two months filed DVA and maintenance cases demanding 5 times the money that she had asked initially.
I filed for a Cr.TP in the SC and that took two years to be decided with wife not responding and just taking time and dragging the case. It became ex-parte but they some how managed to bypass 2 -3 benches and finally landed on a bench which had a lady judge from her state.
As expected the transfer was rejected and awarded in favour of the wife even though they never filed a response, the lady judge was so determined to block it, my word, I can't explain. She gave the reason as inconvenience to the wife which never got into the official orders. The official was a bull shit to read but who can question them? Some of them feel they are GODS.
Now, I filed RCR in my City (no Divorce filed before) and as usual no reply from her for months and it became ex-parte again on the day before an order is given, she gets a stay order from supreme court just like that. The same was not provided to us for the DV transfer case which was Criminal case and we were taken for a ride for close to two years for bull shit judgement.
Now, I will get a notice from SC for the transfer of this RCR case soon. When I can't get a criminal case like DV transferred to the place of allegations especially when there is a 498a already I have no hopes that the SC will reject her transfer petition for RCR case. Every advocates sympathise with us and tell that is how it is in this country. The SC is a Women welfare organization rather than a court of justice in these matters.
The SC has absolutely no regard for merits and establishing justice. It just looks at whether the petitioner is a man or a woman and if it's a women it is super advantage.
Now, I don't want to spend money and time on this losing course fighting to retain RCR in my City. I have very well understood how SC decides the transfer. Men have no chance for either criminal or civil cases getting transferred. We are literally at the mercy of the complaining women.
I want to know whether I can respond to the notice my self some how by send a post or email or their online services etc.
Are men being at the mercy of the women and the system the only way forward? I have given up and my fighting spirit is wading faster and her demand has gone increasing.
Some times I think whether men should take up arms and turn rogue to get justice and then suffer which is much more satisfactory at least. But unfortunately men have their families who are also bound in these false cases which blocks many men from turning into murderers.
GOD SAVE MEN IN THIS COUNTRY.
Vijay Raj Mahajan
(Expert) 22 March 2018
You write all bullshit against the Supreme Court etc. but I fail to understand who guided you to file RCR petition against such troublesome wife when you could have straight away filled for divorce against her for all the bullshit she had spread against you. RCR get decided in your favour or rejected will take you nowhere, still marriage continues.
Better withdraw the RCR before any transfer order passed by the Supreme Court and sit quietly for few days till than fight out the criminal cases filled against you on merits.
Once you're out of those file for divorce against her in the same district where she's living so that her chance of getting the divorce petition transferred to her district/state once again from Supreme Court will not arise.
Rest you have been great lawyers and legal advisers who have lead you upto this point they may lead you further to your ultimate place of rest after extracting maximum out of you, here you pay Zero for getting expert advise which honest and best.
Querist :
Anonymous
(Querist) 22 March 2018
Sir, the experience I had with my DV transfer was very bitter and hard to swallow. I never expected such a lame reason by SC to reject a Cr case transfer. An entire family with old ladies have to travel to her place just because it is inconvenient for one lady. Basically you are saying whatever you do do it at her place itself which means you agree that SC is only for the women. Any case I file here will get transferred no matter what as long as she is a lady.
Vijay Raj Mahajan
(Expert) 22 March 2018
It's not my agreement or disagreement with the Supreme Court on point of the practice or law, the jurisdiction of filling divorce petition at the district where wife is staying is best to avoid delay in transfer petition being filled in the Supreme Court that's important things to consider.
If you're ready to venture and waste time and money for further litigation in Supreme Court with regards transfer petition once again do it as being advised by your local lawyer who you pay hefty fee why ask experts for free advise here.
Vijay Raj Mahajan
(Expert) 22 March 2018
It's not my agreement or disagreement with the Supreme Court on point of the practice or law, the jurisdiction of filling divorce petition at the district where wife is staying is best to avoid delay in transfer petition being filled in the Supreme Court that's important things to consider.
If you're ready to venture and waste time and money for further litigation in Supreme Court with regards transfer petition once again do it as being advised by your local lawyer whom you pay hefty fee why ask experts for free advise here.
Kappil Cchandna
(Expert) 22 March 2018
Sir,
Contest the transfer petition and get it dismissed ....
Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
Kumar Doab
(Expert) 23 March 2018
Agreed with experts…
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