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Raghabendra (engineer)     13 January 2014

Need urgent help

Hi all,

  My wife left me before two years with out sufficient reason.. After 1 year I filed RCR, and later when situation became very bad, I filed divorce based on mental cruelty..After she received the divorce letter, now they filed a time petition and appeal at highcourt for transfer to their juristigation.

Now the question is that: the place where they are willing to transfer is far form their house (but is same dist.) and also my place..

But I want a middle place where family court is there and that will be convinient for them and to me too..But matter is that, it is not her distict, nor my district..

In such case will it be fruitful to appeal.. Or can I ask to transfer to high court (equal distance from both)

Please suggest me on this.
.



Learning

 5 Replies

sandykrish (Interested in Family LAW)     13 January 2014

Raghabendra, understand this is one of the strategy to harass you for a settlement spree. Keep in mind the high court will definitely allow the transfer of petition if deemed fit saying that if your wife is staying in that place since moving out then court will definitely allow her prayer. Now from your point prepare for the worst and keep that mind and throw a strong message to your wife that you're ready to fight the case where ever you would like. The battle is half won when you're confident of thrashing the emotional battle. 

Now to your question you can definitely plead for the same but this will be in vain and your lawyer is the only one who would benefitted for trying this. Think about it, from a technicality it is 99.99% not possible. Ensure to give a POA to one of your relative or friend who you can trust the more and take it further from there.

Good Luck!!!

Shiva......... (owner)     14 January 2014

In a similar situation, I raised no objection to her transfer petition subjected to 6 month time frame is put for disposing the case at lower court. And high court was kind enough to pass the same order. And judge at lower court has said that he will finish the case in 6 months as per high court order. After that if opposite party go for appeal they have to come to high court WWhich is near my place. I fee

Shiva......... (owner)     14 January 2014

In a similar situation, I raised no objection to her transfer petition subjected to 6 month time frame is put for disposing the case at lower court. And high court was kind enough to pass the same order. And judge at lower court has said that he will finish the case in 6 months as per high court order. After that if opposite party go for appeal they have to come to high court WWhich is near my place. I feel if you start fighting the transfer petition, you will be loosing time and decision usually come in favour of female. In my case all these hassle got over within one month. ..

Avadhesh Paliwal (advocate)     15 January 2014

Dear ragbendra you filed a transfered petition and reason behind it that you mention......court will definetly agreed on your transfered petition.

 

regards,

avadhesh paliwal

1 Like

Raghabendra (engineer)     15 January 2014

Hi Shiva,

   Thank you for your information..Can you elaborate a bit on "I raised no objection to her transfer petition subjected to 6 month time frame is put for disposing the case at lower court."..

Was it your mutual divorce, so that it got dismissed in 6 months time? or how a judge adviced you on this?

The sentence "In my case all these hassle got over within one month. .." was it divorce or setteled or what was that in one month?

 

Please suggest on this..


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