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Legal_Help (Consultant)     11 August 2011

Divorce transfer petition

HI,

I have filed divorce petition in Delhi.

My wife has filed the Transfer petiton at Supreme court to transfer it to chandigarh.

I already have a pedning case ( resitution of conjugal rights case filed 6 years back which both of us are not persuing for long) in chandigarh which neither of us are following. She has mentioned the reason for transfer as this pending case and her unability to travel because of having a minor child of 5 years.

I am currently staying in London. It will be very easy for me to attend the proceedings at delhi as I would have to take just one day off. If it gets transfer to chandigarh then I would have to take minimum 3 days off which I cant get from my job. In my reply to this petition, I have mentioned this reason and agreed to pay her the travel expense from chandigarh to delhi.

What are the chances that my case would be transferred to chandigarh?

Regards,



Learning

 10 Replies

Adv. Chandrasekhar (Advocate)     11 August 2011

1.  There is no straight jacket formula to decide the transfer cases.

2.  You have also strong grounds to get favourable decision.

3.  Even in transfer petitions of matrimonial cases, the supreme court, in some cases, is trying to resolve the matter by counselling to both the parties by themselves, before adjudicating the matter.

4.  If you show your willingness to borne to travelling expenses of wife by flight and show the schedule of the flights to prove that she can board the plane at about 8.00 A.M. at Chandigarh and land at Delhi by 9.30 A.M. and reach the court by 10 A.M. and similarly, by 4.30 she can take back the flight to Chandigarh and reach there by 6.00 P.M., you will have a strong case.  For that you have to file flight schedules and show your willingness to borne travelling and diet expenses.  In addition to this, you have to show your difficulty of getting 3 days off in every one and half month.  If she will not plead that she has the threat to her life in attending court in Delhi, you have got strong grounds to get her transfer petition quashed. 

Legal_Help (Consultant)     11 August 2011

Hi,

Thanks for your advice.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     11 August 2011

Dear Querist,

 

As per practice, a Transfe Petition involving matrimonial disputes filed by the Wife typically gets blessings of the Hon'ble Supreme Court by allowing the same.

 

However, since law is always evolving and subject to interpretation, if you can show to the satisfaction of the Hon'ble Court sufficient reasons in rebuttal in your COunter Affidavit, it could that you may regists an Order of transfer sought by Petitioner Wife.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2011

Sir,

I have a diffirent approach to it.

If RCR was filed long back, did you mention the same in your divorce proceedings? If yes, the court was wrong in accepting your application, it should have been returned to be filed in CHD only at the time of presentation itself.

SC would also transfer this case now.

Regards,

Shonee Kapoor

1 Like

Legal_Help (Consultant)     15 August 2011

RCR was filed in 2006.

Its been five years and its still pending.. Neither side is appearing for this case at CHD....

And once a divorce is filed then technically whats the purpose of RCR?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2011

The purpose of RCR has to be seen at the time of filing, if it is not serving any purpose, why is it lingering? Close it.

1 Like

Legal_Help (Consultant)     15 August 2011

RCR was filed in 2006 by her and in its reply I refused to bring her back....

After that nothing has happened in this case for 5 years and I have filed divorce last year.. Now she is usiing this case just to get the divocrce case trasnfer to CHD.

As I have mntioned that I am currently staying in London. It will be very easy for me to attend the proceedings at delhi as I would have to take just one day off. If it gets transfer to chandigarh then I would have to take minimum 3 days off which I cant get from my job. In my reply to this petition, I have mentioned this reason and agreed to pay her the travel expense from chandigarh to delhi.

Will not the Supreme court see my problem in attending at CHD?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2011

Well, I still feel that it would be transferred.


As long as the case is not withdrawn/ decided by the court it stands and is not sine-die

1 Like

Raj (fr)     03 January 2013

If one shows that the transfer to wife city can be avoided due to the following reasons:

1.she has been frequently travellng since last 8 years.Tickets available.Even though she had 2 yrs baby.

2.she will be provded financial help for travelling.

3.she has done ph.d recently and travelled frequently for it.documents available.

4.traveled and toured across India in last 1 year.Tkts available.

5. No physical problem to travel.

6.She is well aquinted with her husband city than her parents house city.

7. But havng 2 kids of 2 yrs and 8 yrs will it effect her favour.

Please advice.

Rgds,

Raj

Nitish Banka (lawyer)     18 August 2017

Posted by: nitish788  Categories: Uncategorized 
 

 

Transfer Petition Supreme Court Recent trend

These days Hon’ble Supreme court is not lenient in allowing transfer petition in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam

In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below.

 

17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.

18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-

i) Availability of video conferencing facility.

ii) Availability of legal aid service.

iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.

iv) E-mail address/phone number, if any, at which litigant from out station may communicate.

Therefore the aforementioned guidelines were issued to all the High courts to make arrangements for video conferencing instead of transferring the petition, therefore dismissing all the transfer petition filed in the Hon’ble Supreme Court.

transfer petition के लिए चित्र परिणाम

 

But recently, I was successful in admitting one of my transfer petition in Hon’ble Supreme Court on the ground that the proceedings were vitiated by fraud.

In that proceedings the husband has deliberately filed the petition at a far off place only to harass the wife. the Hon’ble Supreme Court accepted this is a valid ground for entertaining the petition and issued notice.

There can be other grounds as well like-:

a. Manipulation of court records.

b. Attack on wife.

c. Petition filed to harass wife

d. Petition filed without jurisdiction by reading petition only.

 

For husband the judgement of  Krishna Veni Nagam vs Harish Nigam is a valid defense for husbands  for defending transfer petition supreme court.

By-:

Advocate Nitish Banka

Supreme Court of India


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