adv.bharat @ PUNE (Lawyer) 25 September 2016

Can maintenance case can be transferre from one state to oth

My client stay in maharashtra. His wife stay in karnataka who filed maintenance case in that state.

Question is whether that maintenance case can be tranfered from karnataka to maharashtra?

Thanks for suggesation.

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5 Replies

Sumit Nandvani (Advocate) 25 September 2016

No not possible sir.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 26 September 2016

Sir,

Yes section 25 of the CPC which allows transfer petition on the balance of forum convineince, but that can be done only by Hon'ble Supreme Court.

Warm Regards

Kapil Chandna Advocate

9899011450

stanley (Freedom) 26 September 2016

She can claim maintenance under Domestic Violence act where ever she resides in india .

SAINATH DEVALLA (LEGAL CONSULTANT) 26 September 2016

If Karnataka is her place of residence after leaving the marital home she has every right to file any case on the husband in Karnataka and UR efforts for transfer may be futile.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 27 September 2016

Crpc 125 and DV Act given remedy to file maintaince case where she resides, to transfer the case your party will need to approch SC as they are both in different states.