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Victim Of Law (home)     08 January 2013

Assistance required for transfer petition dismissal in sc

Hi All,

My Ex applied for Transfer petition in SC from chennai to mumbai court being her home town. The SC ordered stay in chennai court and asked me to fill counter with in this month.  I am the orginal petitioner in chennai. She in her TPC application gave the following reason.

- Father and mother retired and she has to take care of them.

- She is going to some study courses in her home town.

- Tamil Language problem.

- Taking care of his brother (22 years old).

We have many reasons to counter but this particular below mentioned reason seems to be genuine for me

The trail at chennai court is in enquiry and that too PW1 cheif and cross from me is pending. When i attended last hearing in november judge gave their council final chance for PW1 cross. But the stay order came in dec hearing.

Since PW1  cross is pending. i need to attend and their lawerys will cross me and then the final judgement.

So their is no need for her to attend her lawyer will take care being a civil case. Based on this fact can i ask the SC judge to dismiss the TC order and let the chennai court can proceed the case.

Transfering to mumbai will put travelling burden on me plus if they want to harass me by not attending.

Will the above mentioned point will be allowed?

Please suggest

 

 



Learning

 6 Replies

rajiv_lodha (zz)     09 January 2013

Divorce TAs are usually decided in wife's favor. U tel that there is danger for u to attend courts at her place. So

Either transfer the case 2 some third midway place

Or u r ready to give her travel expenses whenever she choses to attend this civil case at chennei.

ALSO READ ADVO. BHARAT CHUGH'S article on TA at LCI

Victim Of Law (home)     09 January 2013

Hi Rajiv Sir,

There is no need for her to attend chennai court since intial enquiry, counselling, further counselling are over and both of us not willing to live together. I filled the proof of affidavit in june . Only the PW1 cross pending which can be done by their lawyers currently attending for her side.

I also take your advice of neutral place and bearing the cost of travel and accomodation expenses.

Victim Of Law (home)     09 January 2013

Hi Rajiv Sir,

In Anandita Das v. Sirjit Dey (2006) The Hon’ble Supreme Court

In this case a transfer was refused – even though the woman had a young child of 6 years in her custody. The Court held that grandparents are there to look after the child. The Court also held that the wife need not come all the time, and could apply for exemption and her application would be considered on merits.

 

The woman is exempted from attending the case...

 


rajiv_lodha (zz)     09 January 2013

Thats wat i am telling........read appropriate TA article by Bharat.

Meanwhile u r wrong that u think is ur case is nr orders. PW-1 cross is pending. Waht about respondant's affidavit, her cross, her witness n their cross? It is long way!

If u both dont want 2 live 2gather why dont u apply 4 MCD?

Victim Of Law (home)     09 January 2013

Her counter filled long back. No witness from their side. She is not willing for mcd. She wants me to harass since 498 was not going on her way.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 January 2013

Though there is still a long way to go in the divorce case.

 

The SC is normally asking for mediation and transferring petitions in favor of the wife.

 

However, that should not deter you from presenting the fierce defence in the TP by disclosing the true facts.

 

 

 

Regards,

 

Shonee Kapoor

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