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narendra (executive)     17 January 2014

Transfer of domestic voilence and divorce cases

Dear sir/madam

 

 i got married in nov 2010.from starting she has been fighting and blackmailing that she will file case on me and my family members.actually her main intention was to become sanyasi.but hiding facts forcely her parents got married to me.after the marriage of her both brothers in april 2012 she went to parents house and not came back after several meetings infront of elders.in may 2013 suddenly she came to my residence place when i was in in house and stated that i am not allowing her to accept her and filed a false 498a on me and my family members.i have taken aniticipatory bail.after that immediately she filed domestic voilence case also.she asked for huge compensation.then i applied for divorce.now all three cases are in bangalore.from 6 months arguments going on.court refered for mediatio also.mediation also failed.she has not agrred for divorce but fighting for maintenance.now she applied for transfer of     

domestic voilence and divorce cases to her native place in andhra pradesh.today i received the tranfer applied copies from supreme court.In domestic voilence and in transfer applications she has not mentioning about 498a case.she herslef filed 498a and domestic voilence cases in bangalore now asking for transfer of domestic voilence case and divorce case.i am a permenent employee in central govt. job in bangalore.she is not working.if cases transfered to her native place i have suffer a lot for travelling itself.on my grounds what will be the justice in supreme court.will she get cases transfered to her native place.so please sugest me what to do now for not transfering the cases to her native place.please suggest and give the possibilites of not transfering the cases on my grounds.will i get divorce or not.will i win if i file objection on these ground.plz give the reply as early as possible.thanking you



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 4 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     18 January 2014

Dear Querist,

 

The Petitioner-wife stated to have filed TP seeking transfer of domestic voilence and divorce case to her native place in AP from Bangalore, Karnataka.

 

If you can convinsingly show that you have corresponding hardship by such reuested trabsfer and more so, the Petitioner-wife does have sufficient cause for such transfer, we may try to get the TP dismissed.

 

Secondly, as regards you seeking divorce, that you may try it out through mediation process so that you can get your all disputes (498A, DV etc.) resolved alongside the decree of divorce. Very recently, early this month, I have got one TO converted to divorce by mutual consent and all disputes between parties inter se came to an end and decree of divorce was passed by the Hon'ble Supreme Court.

 

Should you think you can seek that route in order to your disputes to come to an reasonable end, please revert.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     18 January 2014

Note: Pl read TO as TP (Transfer Petition). Sorry for inconvenience.

T. Kalaiselvan, Advocate (Advocate)     19 January 2014

I think you may follow the advise of the above expert.

vanitha.U.M (ADVOCATE)     27 March 2014

yes you follow expert


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