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rekhakhilesh(Bsc,Msc,MBA,LLB.) (student)     17 August 2010

divorce petition transfer

My question is my better half had filed a divorce petition in jaipur, ground mental torture, any ways i am residing at my parents home, now is there any process of getting that case to be transfered to delhi. i am not able to go alone because i have only old parents with me. and they all threat and pressurise me to sign on divorce papers including the lawyer. I am not willing to give him divorce.like to know the process.


 9 Replies

Unbiased Advice (Advocate)     17 August 2010

If you ask me Their is a provision in the Law for Transfer of Cases but Now a days every tom d**k and harry is Using this Law at their whims and fancy ,


Believe me If I  was your Husband Lawyer I would had withdrawn the Divorce petition every time by bearing the cost myself and Refiled the same every time you applied for Transfer, this is the way this evil of Case mechanism Transfers should be dealt with.


Even High courts also become facilitators for such evil practices.


If you are not interested to give Divorce go to Jaipur and fight it out.

rithima (lawyer)     17 August 2010

it can never be as fine as if you dont want to divorce yr husband. but there is a provision under Section 25 of CPC where only supreme court has power to transfe


I agree to Ms. Rithima advise and add you can file a TP (C) as party in person before Hon'ble SC and if money is a constrain keeping in view your old parents and since you have a LLB just dust away your old law books and appear as Petitioner in Person.....


only sc can do it in ur case

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 August 2010

your case will be transferred to Delhi through Supreme court.

plz mail your details if you want to proceed through our team.



Anjali (IT)     18 August 2010

if you are not willing for divorce ,are you willing to live with him ? if so, then go to his place and start living..you got so two masters degree , I think you can make good wise decision. if you don't want to live, just get away from him and start your live freshly..don't listen to anyone , this is your life, just do it what you feel is correct..


Good advise by Ms Anjali


P V RAVI KUMAR (ADVOCATE)     19 August 2010

The family courts have to consider the sentiments and decisions by the life partners. That is the reason advocates are not allowed to represent the cases unlike in other cases. The gravity of situation which made you to live apart from your husband is only known to you. you weigh the pros and cons and positive and negative side of your decision. So decide yourself first and go to any advocate for help to implement your decision.  So think and proceed further. By not staying with him and not giving divorce you are delaying your decision which may be obstacle for you to choose your future. If you get a best opportunity you may not be able to utilise. Good luck


@ Sh. P.V.Ravi Kumar

If it may be appropriate to point out to your kindself then allow me with permission to make a small correction in your kind post for general consumption;

1. Under FCA, 1984, S. 13 says ld. Advocates may not represent a client in Family Courts. In the begining it was the main bone of contention by ld. advocates association avoiding formation of (proposed) Family Courts across pan India.

2. But, on the contrary now-a-days there are two views on Ld. advocates representing a clinet in Family Courts; one Family Court and smart party puts the Preliminary Objection Applicaiton quoting S. 13 FCA for not allowing such representation using an IA route and second there are now umpteen Judgments from various HC's pan India which says otherwise and ld. Advocates have been allowed to represent client(s) in Family Courts. 

My view is totally neutral and is based on spirit of FCA r/w its scope and intention based that is to add; actually Family Courts were formed to facilitiate quick yet resonable settlement between couples on all matters as contained under S. 7 FCA minus presence of ld. Advocates of parties interference based on whose point of Law is better but then Family Court functioning now-a-days is highly criticised just becuase it has almost loosing the very spirit for which it was first of all formed !

You may difer with my views but then it is democracy afterall Sir ji.....

I hope  you may agree to above openning two paras atleast ?


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