Husband himself drops wife at her parents'place in another city and secretly files a divorce petition at a Family court in the city where he and his parents are living.
Request response to Followings queries:
1) What are conditions governing transfer of this case to city of wife's parents where she currently resides.
2) which court has to be approached by wife in this regard for tranfer to her city of current residence
Thanks in advance
Tarwinder Singh
Dear Querist,
Following are the grounds which the Courts consider while deciding transfer applications:
When the wife has the custody of a child who is below a certain age.When the wife is unable to travel owing to serious illness, handicap, etc.When the wife has also filed a case in the city where she is seeking transferWhen either of the spouse has shown persuasive evidence pointing out that there is a serious threat at the place where the trial is supposed to take place.When the parties have no objection to such transfer.
The Supreme Court has also been conferred with the power by the Constitution under Article 139A (2) to transfer the cases and has also been conferred statutory jurisdiction to transfer the cases. The Rules have been framed accordingly. The Court has the power to allow the petition seeking transfer or to decline the prayer and indubitably, it is on consideration of the merits of the case and satisfaction of the Court on that score.
In Dr. Subramaniam Swamy v. Radhakrishna Hegde (1990) 1 SCC 4, the Supreme Court held that the paramount consideration for transfer of a case under section 25 of the code of Civil Procedure must be requirement of justice. It was held that the mere convenience of the parties or anyone of them may not be enough for the exercise of power, but it must also be shown that trial in the chosen forum will result in denial of justice. The Court further held that if the ends of justice so demand and the transfer of the cases imperative, there should be no hesitation to transfer the case.
Regards,
Palak
