Krishna Kumar (Business) 24 January 2012

Procedure after transfer the case

Hi All,

I filed divorce on desertion and cruelty ground as I was separated by wife for two years. After I filed divorce, wife filed transfer petition near her native place and the case got transfer to her place.

Can you please let me know how many days it will take for the required paper to get transfered to the new court. Do I need to do any process for the same?

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4 Replies

(Guest)

Curious, how the Indian system works. You are the petitioner. How can the respondent move the court and change the jurisdiction of the case ?

This opens up room for legal harassment. Now, you have to travel to the court in her township. Why dont you file a motion for the next hearing to be held in Andaman Nicobar islands or some naxalite ridden township :)

Anyone wants to take stab at this situation. No one liners please. Also, please provide legal basis/act/ etc for the common man to understand.

Shantanu Wavhal (Worker) 25 January 2012

wife is conferred jurisdiction by Hindu marriage act itself.

cases are transferred on valid grounds and not convenience.

Shantanu Wavhal (Worker) 25 January 2012

ref - 2003 amendment of HMA

Krishna Kumar (Business) 25 January 2012

Hi,

Thanks for yours answers. Wives always have answers they are not earning and the court also considers as they are week s*x. My wife also said the same like she is not earning and depends on parents. So she cant come for each hearing.

The judge knew who is genue here, but he again transfered the case to near her native place. This is way Indian legal system husbands always have to stuggle in the socity.

Amit, I will refer the HMA amendment and come back.

Thanks. Krishna