Akash Malhotra (NA) 23 January 2018

Long pending divorce transfer petition in supreme court

I have filled Divorce in 2016 and then my wife has filled transfer pettition of Divorce Case. Transfer petition has earlier dates in 1 month or 2 for listing. After that there was stay on divorce case. It is been 2 years now and Supreme court is not giving any result of transferring case. I want to move case case further but becuase of pending transfer petition i am stucked. There was recent date after 1 year , but there was no name in listing again. Please suggest how i can come out of it.

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7 Replies

Vijay Raj Mahajan (Advocate) 23 January 2018

Withdraw the divorce case that is pending in the present Family Court, that will make the transfer petition pending in the Supreme Court infructuous. File fresh divorce case in the same district Family Court where wife wanted to transfer the divorce case by adding new facts and grounds to the new divorce case.

Sameer12345 (SSE) 23 January 2018

There is a Section 21B in The Hindu Marriage Act, 1955 - Speedy Lower Court Trial.

R.K Nanda (Advocate) 23 January 2018

get transfer petition decided At the earliest by SC.contact SC registry to list it soon.

Kumar Doab (FIN) 23 January 2018

Are you comfortable at location chosen by spouse!

You need to think and chose what is best for you and defend your interest.

Kumar Doab (FIN) 23 January 2018

Is it workable for you to explore option with suitable T&C of MCD!

If all efforts of saving the mariage have failed and both of the spouses want to liberate from troubled wedlock an are stuck up then prespective of MCD may be explored.....

Involve elders of the family, mediators, shrude and sharp negotiators, and close the matter......if IT suits you.

Or attempt to check the tactics of OP's and contest the matter...

Akash Malhotra (NA) 29 January 2018

Thank you all for reply. Yes, i have decided not to live with her. If i will cancel the current running case and refile it , how much time it will take again and will be it fruitfull? Also, can you please let me know SC registry process for listing it fast?