Pls help my wife file RCR at kolhapur after two yrs of desertion. Can i able to transfer RCR case to my place.
|Originally posted by : Kravan|
|Pls help my wife file RCR at kolhapur after two yrs of desertion. Can i able to transfer RCR case to my place.|
If she has filed RCR, you better keep quiet, she will win RCR, and file divorce, let her take divorce. For transfer of case you need to approach Supreme Court of India, that is very long procedure and cumbersome, if she wants divorce give it, dont bother too much.
Divorce Case (DTP Operator) 23 May 2016
sorry... actually i filled divorce (null and void marriage) case in Thane she did not accepted notice... after that she appear in Thane court for 1st date ... and from court only she gone to her father's house at kolhapur. She remained absent for 4-5 dates at thane court .. we filled no ws ... but unfortunately she asked to transfer the case from thane to kolhapur which bombay high court granted... now she filled RCR . (after two years).
A walk alone (-) 23 May 2016
Kapil Chandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 May 2016
You can file the petition in the SC for tranfer of the case.
Kapil Chandna Advocate
SAINATH DEVALLA (LEGAL CONSULTANT) 23 May 2016
What were the grounds U mentioned for nullity of marriage?
Q Slinger (NA) 23 May 2016
Transfer of cases are rarely in the favour of the husband....unless you have a valid reason.
Best to get it dismissed as RCR was filed after 2 years.
Laxmi Kant Joshi (Advocate ) 23 May 2016
Divorce Case (DTP Operator) 24 May 2016
thx sir, one more thing i have not received any notice about RCR ... till today. I find out on website that rcr case is going on and two dates are gone now the next date is in next month....
fighting back (exec) 24 May 2016
first of all understand that, thane and kolhapur are both in maharashtra, so, you can approach the bombay high court for transfer of case, however, it will only burn your time and energy to get it transferred to your place. as advised by other members here, please do not let go RCR exparte, though RCR case is a useless case as such, as no court can force anyone to stay with the other, however, keep in mind one thing. that RCR is a double edged sword, if it goes exparte, it automatically means that it is the husband who has neglected the wife, deserted her and left her alone, so, once it is proved that, then you will have to pay heavily in maintainence cases which she will soon file, on the basis of you loosing her RCR case, fight the RCR case on merits, you have not mentioned what the RCR petition contains. give more details about what she has menitioned in her RCR petition so i would be able to guide you further, has she filed any maintainence cases as well. is HMA 24 filed?. what is the status of your divorce case.? also keep in mind.. she has filed RCR only to put your divorce case in jepordy. to enhance her maintainence amount, to show how clean she is, to show that it is not the wife, but the husband who has deserted. RCR is also intended with the purpose of winning the courts sympathy as it is a well known fact that court in general sympathise with the woman, and thereby her chances of winning are more in RCR cases versus your divorce case where the chances get 50:50 percent. so to sum it all. RCR serves the purpose of getting hefty alimony and maintainence, maintain a clean image in front of the court and society, to make chances of remarriage easy. do not let it go exparte at any cost. read and reread the petition twice thrice, 10 times, there are ample chances that she might have goofed up somewhere which you can use it to your advantage in your divorce case. also remember that you will have to pay her travel charges if you want to get the case transferred to your native place, i also differ on the views of other members on the courts being lienent towards woman in case transfers, if you show that she is able bodied, adult enough to travel, free all day to spare time travel all day to the court of your native place, and if you tell the court that you are ready to pay for her travel expenses. there are more chances that the court will accept your request, but it is a very time consuming and money consuming effort so not of much use....fight the case at her place and be determined to defeat her on her home pitch.......all the best
Divorce Case (DTP Operator) 25 May 2016
one more thing i have not received any notice about RCR ... till today. I find out on website that rcr case is going on and two dates are gone now the next date is in next month....