Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

puneet sandhu (service)     09 April 2013

Transfer petition

Respected seniors,

                                     I need little guidance regarding transfer petition. In short facts are

1. Wife left matrimonial home from city xx and goes to her mother town yy with her kid. (Distance bw xx and yy is 450 km)

2. After leaving kid with her mother in city yy she goes to city zz where she was working previouly also to join her job (very near to city xx- About 25 km)

3. She filed 125 crpc in city yy for maintenance for kid and husband files child custody in yy as jurisdiction belongs there as kid living there.

4. Husband files section 9 RCR in city xx.

5. Wife files transfer petition seeking transfer of section 9 RCR from XX to YY.

6. She mentions in petition that she is living and doing job in city zz but wants transfer to city xx as other cases going on there.

7. Does these grounds sufficient to transfer the case. She is seeking the transfer of case from city xx to far away distance about 450 km away in city yy and also mentions that though I live and work in city zz which is very near to city xx about 25 km. She wrote in petition that she goes to city yy on weekend.

8. I mean ground is somewhat baseless to me as she is seeking transfer to long distance way from where she is residing and doing job. Court does not run on weekend it run on week days.

Q What are the chances of this transfer petition getting accepted?



Learning

 2 Replies

Tajobsindia (Senior Partner )     09 April 2013

1. 98 (hers):02 (yours) as the transfer distance sought is only 450 kms. compared to not mentioned here distance between YY and ZZ !.
Reasoning:
Transfer of your case is sought from XX to YY which is 450 kms. Whereas already her S. 125 CrPC is running in YY + your GWA is running in YY too, no matter ZZ and XX are only 25 Kms. away. Whereas parties have no activity at ZZ other than she is employed there as well as lives during employment there. She has various upper grounds; to see the child + alleged to be having ailing mother + weekend she already goes there to see child and mother + your GWA running there too so in a way she is saying that if S. 9 HMA dates or even given on weekdays she can still manage to go to YY as already two cases she is contesting from YY.
2. However instruct your pleader to do control pleadings on placed facts.

puneet sandhu (service)     09 April 2013

Dear Tajobs I Forgot to mention one more point. After Husband filing S9 in city xx after few months Wife filed Divorce in city yy. I read somewhere that If petition related to hindu marriage act are going in two different cities then petition filed later will be transfered to where filed earlier. Can I take position of that I have no objection to transfer of S.9 to city zz where she is living (as I have all witness who can go there to city zz and cant go to city yy.)

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register