Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul-0007 (Others)     12 September 2013

Petition for transfer of divorce case to another city (nagpu

Hello Mates,

I am an Indian Hindu-Male, 34, was married 4.5 years ago, have a son 3 years old, who was born in USA, and I have following points to discuss:

 

·         I have filed for divorce 5 months back, but to harass me more my wife has applied for a petition to transfer the case to Nagpur (her Hometown), saying that she is employed and have to take care of her old parents as well as take care of our 3 year old kid.

·         MY PHYSICAL DISABILITY: I am “Unemployed” for last 1 year, so if she will make me travel from Kolhapur to Nagpur every time just to take revenge, it is not financially possible. ABOVE ALL- I had an accident in USA and was in hospital for 7 months (+ 6 months recovery in India). I had a By-Pass surgery for broken ribs + Aneurism and now have an artificial graft attached to my heart, which gives pain all the time (and if unfortunately “God Forbid”, if the artificial graft leaks blood, then I have to be rushed to ICU immediately). Also I have a Titanium Rod in my right leg, and injuries on my left leg. Due to my head injury I lose balance many times.

·         NO MONEY: I am having hard time with money, with no job, so it will be a burden on me and my widow mom (bed-rest after knee surgery) to travel + hotel…etc. where as she always travels through flight and as a Class-1 officer she get accommodation easily in Circuit House in every city in Maharashtra.

·         My wife (also Hindu) left me for her job in India after our son was born in USA (after 7 months of his birth). She is a Class -1 officer with Maharashtra Govt. (salary: Rs 7.5 Lacks + 4 – 7 Lacks under the table)!

·         We have been separated for almost 3 years now. We were married in my hometown: Kolhapur.

·         More details: https://answers.yahoo.com/question/index;_ylt=AjBQTzC0u1FJ9Z.5yQlfow0azKIX;_ylv=3?qid=20130730231448AACMwHT

 

 

QUESTION: Will her petition for the transfer of the case to Nagpur can be contested in the court? She is just taking revenge from her Handicap husband!!!!



Learning

 3 Replies


(Guest)

What's your lawyer say on this?

 

As per your grievances she is not liable to transfer her petition,

even You are very much entitled to get maintenance from her U/s 24 HMA.

Have you filed for that?

VIRAJ KADAM (Advocate Supreme Court of India)     12 September 2013

Dear Friend

Is your case transferred to Nagpur? If yes, then you cannot do much. Only option available to you is file appeal in Supreme Court. However, if it is not transferred then contest it in the High Court on your ground of unemployment and health. Also, this is a good ground for you to avoid maintenance and rather ask for one. If you are not interested in marriage then get the divorce in your case it looks easy. 

Regards

VIRAJ KADAM

Advocate 

T. Kalaiselvan, Advocate (Advocate)     12 September 2013

Dear Mr. Raj,

As my learned friend Advocate Mr. Kadam rightly advised, you have a chance of retaining your case in your home town itself on the basis of documentary evidence in the form of medical certificates produced before the high court, further as per the provisions of law, you who are unemployed at present, can claim interim as well as permanent alimony amount from your wife to support your every day expenses even after getting divorced from her.  Adv Kalaiselvan


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register