Last year I filed G & W C in family court of Bangalore for visitation and custody of minor child. At the time of filing petition,child was residing in Bangalore and hon'ble court was pleased to grant physical visitation rights and video call everyday to connect with child. But order was never complied by my wife and purposely sent my child to her parents state to deprive love and affection of me and damage bonding between me and my son but she continues to stay in Bangalore itself. i kept on filing contempt applications and interim custody of child. She used to agree in front of Hon'ble judge to exercise visitation rights but she never complied. Last occasion, hon'ble judge was pleased to grant an interim custody to me, issued bailable warrant against my wife and asked me to take school admission of child in Bangalore. Next hearing is kept in December for evidence.Now my wife has filed a petition in Supreme court of India to transfer the case to another state.
I am seeking for answers to following questions:-
1. will supreme court allow transfer at Evidence stage?
2. will supreme court decide without giving an opportunity to defend?
3. will interim order be voided in case transfer is permitted?
4.what would be my approach to defend this in case given an opportunity?
any helpful advice would be greatly appreciated.
thanks.
The child's interest and welfare is paramopunt, hence if the same is filed on that grounds, then the supreme court may allow her petition for transfer
You will receive notice, you can engage an advocate and fight the case.
The interim orders passed by the trial couirt will be vitiated once the case is transferred, hence you may have to obtain a fresh order in the new court in this regard.
You can rely upon the develoments of the trial court to defend your interest in the supreme court .
