Transfer petition in supreme court


I am a 29 years old buy from Ajmer (Permanent Residence), got married in Ajmer, to a girl from Bhilwara (Rajasthan). I am working in Mumbai for the last 3 years and after marriage I was residing in Mumbai.

I have filed a divorce case in Mumbai, on the basis of Mental Cruelty and Mental instability of my wife.

Girls parents have now filed a petition in Supreme Court to transfer the case to Ajmer. My question is that can I fight against it on the basis of - 

1. They have requested to transfer the case to Ajmer while they are residing in Bhilwara. The reason for the request provided by Girl's father is that the girl can not travel alone and he is full time working, so can not accompany her for each hearing. (Girl is not working at the moment and lives in Bhilwara with her parents), My point is that why do they want a transfer to Ajmer and not Bhilwara? I can see that the intention behind it, is to defame our family in Ajmer. Can Supreme Court reject their petition on the basis that why they haven't requested for transfer to Bhilwara ?

2. Can Supreme court say yes to their request to transfer to any nearby town/city or there is any logical ground that it can only be transferred to the town where girl is residing ? 

3. Do you know of any cases where Supreme Court has rejected the transfer petition as it was not for the same town where girl was residing ? 

Just to provide some more information about the divorce case in Mumbai, Girl or her parents haven't attended any hearing so far. 

Will appreciate your advise and guidance in this matter. 

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

The cases will hear where defending  party  resides.  When both the parties resides in different states, the supreme court is having aurthority to decide the nearby court where defendent resides.

 
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maintenance divorce remarriage = yourscrew@gmail.com

In such cases mostly the preference of you spouse will be granted.

 

In such cases the husbands should seek composite solution , only divorce has no use.

 

Since even after divorce you have to pay maintenance and may face other c ases.

 
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exec

there are number of cases where the transfer was rejected by the Hon SC after it was observed that the woman side was taking undue leverage of this option, you have to defend your case strongly to prevent transfer:

you can offer travelling charges to the woman to travel to your city for the cases.

you can cite your loss of income and risk of loosing job for travelling such a long distance for your cases

you can offer money to a person who can accompany your wife to mumbai.

you can claim that since the woman is not working, she therefore has time to travel

there are numberous other points which can be pointed out.

you can offer lodging charges for the same, there are a couple of judgements by the SC which have dismissed petition by woman.....i will search and provide you.....


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Advocate

There is very narrow escape for the boy to get the case transfer on the place where he likes. Do one thing state all the facts in your counter affidavit that girl and your in laws had nothing in Ajmer. Law of transfer petition is in favor of girls but it is not like wherever girl wants matter may be transferred. My no.is 9352444446 you may call me. I am from Jaipur and practicing in Supreme Court.
 
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IT professional Studying Law

@Rakesh, first thing first.  Where did you marrry ? Where were the parties residing ?.

You applied for divorce in Mumbai (your working place). She does have the right to ask for transfer  to the place where she resides on various grounds and mind you the courts are lenient to women.Grounds: no money, staying with parents, no male companion to accompany, threat to life,not sure if you have kids,destitute woman and so on.

All these grounds can be suitably challenged and Yes SC has taken cognizance of the fact that laws that are made to provide relief to destitute and indigent ladies are being  grossly misused.

Good Blog : here http://www.lawyersclubindia.com/articles/How-to-fight-transfer-petition-filed-by-wife-in-the-Supreme-Court-Strategy-Judgments-5127.asp#.UwxpwVeFOUk

If you need any more SC citations pls let us know.


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Hi,

Thanks for responding me on this forum

Can you please provide me SC judgements where transfer case has been dismissed .

 

Thanks

Rakesh

 
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Dont bother about the citations, your lawyer will take care of it.  You have to instruct your lawyer to include the facts that she hails from Bhilwara but is unjustifiably seeking transfer to Ajmer for the reasons best know to her, also you, in your counter to her petition state that since you are employed very far off and also since the residence after marriage was in Mumbai, due to all practical difficulties, it will not be possible for you to undertake the great hardships involved in it as well as you can even include that there is no safety to your life during your visit to ajmer while you appear in the court for the case owing to the political as well money influence as well as hench men at his beck and call of your father in law.  You have chances for her transfer petition to get dismissed.

 
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Posted by: nitish788  Categories: Uncategorized 
 

 

Transfer Petition in Supreme Court of India-All about

Transfer petition in supreme court is entertained Under Section 25 of the Code of Civil Procedure the Hon’ble Supreme Court has the power to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State.

This power may be exercised by the Supreme Court if it is satisfied that an order under this Section is expedient for the ends of justice. Hence wide powers are given to the Supreme Court to order a transfer if it  feels that the ends of justice so require.

Divorce Transfer Petition in Supreme Court

Generally in supreme court divorce transfer petition in supreme court are filed. Is filed by wife when husband files the petition in matrimonial home and wife is residing at parental home at some other state

Transfer Petition in Supreme Court

Rather as a matter of fact the Husband cannot be always made to suffer and there are judgments passed by the SC wherein he can counter the allegations made by the wife and protect himself from being further harassed. Defense of these could be described as follows:

  1. If the wife claims to have a minor child then grandparents can be asked to look after the child and merely on this ground the petition should not be transferred (Anandita Das v. Sirjit Dey (2006))

 

  1. If the wife claims a far distance then effort to prevent a transfer the husband can make an offer to bear IInd class AC tickets for the woman to travel and her stay expenses. This is normally considered by the court.

 

  1. If the wife claims a threat to her life and she cannot commute strong proof is required to be shown and merely by stating fear to her life the court will not be inclined to transfer the same as held by Hon’ble Supreme Court in Priti Sharma v. Manjeet Sharma –  (2005)– the court, in the case of a wife seeking transfer on the grounds of being unemployed and unable commute, categorically held “merely because petitioner is a lady does not mean she cannot travel” and the transfer petition was dismissed.

 

 

  1. Men who have kids custody with them can rely onJaishree Banarjee v. Abhirup Banarjee (1997) 11 SCC 107 to get proceedings transferred in their favour.

Transfer Petition Format

1.A short synopsis

A short and simple synopsis outlining the grounds you wish seek before the Hon’ble supreme court is a must, your synopsis must be crisp and to the point and relates to only facts which forms the ground for seeking the transfer.

2. Details of the case

Specify the complete details of the case you wish to get it transfer from one court to another also specify the court in which you wish to seek the transfer of the case.

3. Grounds

Specify the grounds on which you may be seeking the transfer of case the grounds are mentioned below.

a) prejudice in that jurisdiction

that husband family is very influential and will hamper fair proceedings.

b)Threat to life

Again being influential is a good ground for having a threat to life.

c) being a single women without any support.

if there is no support from father side then that is also a good ground for seeking transfer.

d) medical history

medical proof should be attached in case of medical ailment.

e) old and ailing parents.

f) No source of income

if wife is not working its a good ground.

g) Simultaneous jurisdiction.

4. Interim Relief

You must also pray for interim relief of stay of proceedings of the case you wish to seek transfer.

Criminal Transfer Petition in Supreme court

Section 406 of the Code of Criminal Procedure gives power to the Supreme Court to transfer criminal cases and appeals pending in one High Court to another High Court or from a criminal court subordinate to one High Court to another criminal Court of equal or superior jurisdiction subordinate to another High Court. The Supreme Court can act under the section only on the application of the Attorney General or of a party interested. Where an application under Section 406 Of The Code of Criminal Procedure is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious order the applicant to pay by way of compensation to the respondent such sum not exceeding Rs 1000.

 

Recent Judgments

These days Hon’ble Supreme court is not lenient in allowing transfer petition in supreme court in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam

In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below.

 

17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.

18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-

i) Availability of video conferencing facility.

ii) Availability of legal aid service.

iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.

iv) E-mail address/phone number, if any, at which litigant from out station may communicate.

Therefore the aforementioned guidelines were issued to all the High courts to make arrangements for video conferencing instead of transferring the petition, therefore dismissing all the transfer petition filed in the Hon’ble Supreme Court.

 

For husband the judgement of  Krishna Veni Nagam vs Harish Nigam is a valid defense for husbands  for defending transfer petition supreme court.

However this Judgement is referred to higher bench still there is hope for wife. However

There can be other grounds as well like-:

a. Manipulation of court records.

b. Attack on wife.

c. Petition filed to harass wife

d. Petition filed without jurisdiction by reading petition only.

 

December 14, 2017Similar post

July 12, 2016In "transfer petition draft"

February 1, 2018Similar post

 

 
 
 
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