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aman (intern)     03 June 2014

Transfer petition for judicial separation by wife

I wanted to know how will a transfer petition be drafted by wife to bring suit in her state while husband has already applied for judicial separation in his state.

I would really appreciate if a draft could be shown or its format.



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 13 Replies

Dr J C Vashista (Advocate)     03 June 2014

Mr. Aman,

Seek guidence of your senior advocate, this is purely an academic query. I can let you know on meeting if you are located in DelhI/ NCR

However, wife can get the petition filed / transfered where she has choosen her residence.

Laxmi Kant Joshi (Advocate )     03 June 2014

Aman wife have to be apply in the supreme court for transfer the judicial seperation case filed by her husband in another state to her district court where she is residing in another state .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Under Sec 25 of CPC, she can get the same.


How would she prepare?

I guess by engaging an advocate.

 

Jokes apart, may be you wanted to ask something else.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

aman (intern)     03 June 2014

Thank you all for providing me with the information. Is there any specific format for transfer petition to be followed?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 June 2014

 s. 25 of the C.P.C. under which the transfer petition has been made is not applicable to proceedings under the Hindu Marriage Act, 1955

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Since when Ramachary?

 

There is a no specific form prescribed for the same Aman.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

aman (intern)     03 June 2014

Thank you Mr. Shonee Kapoor for the valuable information.

Dr J C Vashista (Advocate)     04 June 2014

Section 24 applies if the case is to be transferred within the jurisdiction of same High Court, otherwise apply to Hon'ble Supreme Court u/s 25 CPC.

ANAMIKA VICHARE (LAWYER)     04 June 2014

Shoneeji u hv rightly said that he wants to ask something else.   I guess that he wants toknow the reasons fortransfer...I fail to understand his insistence for  a draft which his wife is going to prepare, he will recv it in due course of time..then he will readithimself, he is asking as if he is Jr lawyer wants to file transfer petn

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

That may well be the case Anamika, however, I have seen men who are very disturbed wanting to see all kind of documents to know what kind of allegations are levelled on them and then try to prepare how to defend those kind of allegations.

 

They forget the basic rule, that each case is different and has to be fought accordingly.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

 

N.K.Assumi (Advocate)     04 June 2014

It is not  the style of drafting,  but whether GROUNDS exist for transfer,  will be the corner stone for the Court to permit Transfer of the case, as the court is concern with the substance in the pleadings and not the cosmetics to the draft. Ask any advocate to do the job. For Transfer of the case one must bring out a strong reasons for the transfer.

T. Kalaiselvan, Advocate (Advocate)     04 June 2014

I agree with the opinion of learned advocate Mr. Shonee  Kapoor the an application is to made under section 25 of CPC for transfer.  About draft or format, here is no specific format for such an application, it can be drafted based on the grounds desired for transfer. The counsel appearing for the party will take care of such issues, please leave it to them.

KISHAN DUTT KALASKAR (Advocate)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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