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Rahul Arjaria (Law Student)     12 August 2013

Multiple transfer in a single divorce case

Dear Experts,

Is multiple transfer of divorce petition allowed by the law. To be specific can wife get the divorce petition transferred from the place she herself got transferred to previously.

I had filled a case under Sec 12 (1) (1-C) in May 2011 at Indore, wife did not appeared before the court, the family court passed an ex-parte proceedings. Wife filled transfer petition at High Court and got it transferred to Gwalior by her own choice, though she wanted it to be transferred to Tikamgarh but as her father had retired from District Court Tikamgarh, and her real uncle had served as President & Vice President of District Bar Association the High Court transferred it to Gwalior being non influencial place for both the parties and Gwalior came to be her choice out of options given by the HC.

Now my evidences are closed, she has filled her affidavit of 18/4 CPC in the family court gwalior and after that her father had filled a FIR against me under IPC 294, 506 and my wife has moved a transfer petition so as to get the case transferred to Tikamgarh. Can she get multiple transfers in a single case by her choice.

Pls advice with relevent citations of SC if any.

regds



Learning

 2 Replies

Tajobsindia (Senior Partner )     12 August 2013

1. No she cannot be allowed to do so for altready transferred Divorce suit matter from Gwalior to Tikamgarh..
2. Go all the way to Hon'ble SC if such error happens also prayign for heavy Cost..

Rahul Arjaria (Law Student)     21 August 2013

Tajobsindia Sir, Can you pls help me with SC Citations if any denying Multiple Transfers in a Single Case. Also, the Judge in HC has odered for mediation in the very case. So the wife is very happy again succeeding in delaying the matter.


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