Transfer RCR case to wife home town


Dear Lawyers,

I have filed my case in my home town i.e. Mumbai for RCR.

Marriage duration: 5 yrs (My wife left house since 1 and half year) .Not ready to come back and demanding huge amounts - all my life savings which I cannot pay for divorce.

She did not appear in first 3 court dates and now on the fourth date she hired a lawyer and replied to court that 

we have filed petition to transfer this case to Jaipur.

Marriage place is Mumbai and she was living with me for 4 yrs.

No children and currently she is working(but don't have proof for the same also she started studying).

She may give security reasons that she cannot travel or false allegations rite that we are threatening to her which is common.

I am a working professional in Mumbai and would be difficult to go to Jaipur every month whereas my wife can do the same. I am not able to concentrate and focus on my work already due to marriage disputes.

1. Please advice what points or what should be our reply to her notice from Supreme court for transfer of case. I want to ensure our reply is strong enough that Supreme court does not transfer the case to Jaipur.

2. Do we need to hire separate Supreme court lawyer on this transfer petition apart from my lawyer here in Mumbai who has filed RCR in family cour? It may be costlier to do so. Pls guide on this also.

Thanks for your feedback and hep in this regard in advance.

Kindly help.

Regards,

Sandeep 

 
Reply   
 

Dear Sandeep

I am also on the same boat. My wife filed a transfer petition in SC whose decision is yet to be come on 12 JAN 2015. For your query my experience is

your wife has to submit stay order at mumbai court. mere verbal statemet is not enough. if you want to confirm any pending case at SC you can check the status of transfer petition on SC website ( http://courtnic.nic.in/supremecourt/casestatus_new/caseno_new_alt.asp). either you wait for the service of SC summon to you or you can file Caveat in SC.

For your query

1. after getting petition copy you can reply on merit.

2. Yes, you need to hire separate Supreme court lawyer on this transfer petition apart from your lawyer in Mumbai.

find a good lawyer with reference at SC. Regarding cost it may differ advocate to advocate.

 
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Bangalore

I am of the opinion that in such cases where husband is calling his wife back, question of transfer of the original petition to the home town of the respondent does not arise at all.

 
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yes hear your intention is to reunion with your wife and she wants to contest the case 

why not discuss with her and settle the issue amicably because already she had made a proposal negotiate it or talk to her and let her come back to your home 

 
Reply   
 

Sandeep,

 

Our law gives the power to women to apply for & SC to transfer the petition on the request of a woman. You or your present lawyer can also file the reply in supreme court however, have to be present in Delhi for the hearings. Else, you can contact an advocate on record practicing in the Supreme Court. I can assist you with the filing & documentation in Supreme Court.

 
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