Mahadev 13 September 2016

Divorce_transfercase_highcourt

Respected Lawyers/Members,

I have 2 queries for the respected people in this forum :

a) My friend's wife has applied for transfer of divorce case in Highcourt to her homeplace and claimed she is not working. I was reading in this forum and one of the approaches suggested by the members/lawyers was based on lawyer's request and if Judge agrees, Court gives a order based on which employer provides the employment information. My friend's lawyer says High Court doesn't give any such orders and Judge will neither give any order to employer to submit information directly to court or to husband to go and get the information from employer HR dept. Is this true ? The lawyers says only Family court judges can give such orders whereas High court Judges never give such written orders with court seal. The only solution lawyer says is to file RTI which too should be filed by my friend on his own. He is confused now.Can you all tell what is the rule ?

b) In my case as I had mentioned earlier Chargesheet was submitted by Police but till date ( close to 11 months now) from Chargesheet filing date neither my advocate giving me copy nor if i go directly the copy section will give me as it is heavily influenced by wife's side and we are also unable to go due to goondas at wife's side in her local area . Can you tell me whether I can file RTI to Police and Court to get copy of it. if Yes to whom it should be addressed within Police and Court i.e which police officer and which Judge.Is it sent by Regd. post with AD directly to them.

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6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 13 September 2016

Sir,

If she is seeking the transfer in the same state then HC can transfer, otherwise only Supreme Court has the jurisdiction to trnfer the case if the case needs to be trasnferred outstaion.

Go and get the chargesheet yourself.

Warm Regards

Kapil Chandna Advocate

9899011450

(Guest)

File under Rti to police station then u will get chargesheet

Mahadev 13 September 2016

I just learnt from my friend his wife has claimed litigation expenses too in the transfer petition as she is showing she is not working. Hence my friend asked his lawyer about summoning the employer or getting order from high court himself and going and collecting . Doesn't high court give at least written order to husband at least to get information from the employer or is this order given only by lower courts.

N.K.Assumi (Advocate) 14 September 2016

Thre is so much weight in the statements of autohide4u. She is not entitled for the relief of transfer.

Kunuthur Srinivasa Reddy 14 September 2016

Dear Mr. Mahadev,

How come that your own advocate failed to provide you a copy of the charge sheet? He is very much obligated in this regard. You need to understand, that you are in a war like situation while fighting the criminal case due to which you should be well prepared to fight a war instead of being afraid to face the opponent. Muster courage and selfconfidence to fight to finish. Timidity has no respectful place in the world.

Kunuthur Srinivasa Reddy 14 September 2016

As for the transfer of divorce case, it is not a complicated issue. I appreciate the reply of Autohide4U which is vibrant and inspiring. Is there any evidence to prove that your friend's wife is employed? If so, let him submit the same to the Court. He can engage a detective for the purpose, if necessary.