legaljoe68 (member) 26 June 2010

Transfer of Divorce and maintenance case

It is a well known fact that family court judges are biased against respondnets ( boy ) when they come to attend hearing in family court situated in (girls) place. Even the staff is biased. I am facing such situation in Madhya Pradesh and want my case transferred to some othe family court in Madhya Pradesh . Eg from indore to ujjain vice versa . This biased attitude is in not giving adjournments and giving short dates requiring me to travel to attend to famul court in 15 days times. Even genuine medical reasons have been overlooked

If I want to give application for transfer to whom it should be given.

1) to the same court.

2) to the supervising district judge

3) to the High court Judge.

Please guide me accordingly as I do not want to lose the case as connivance with my wife is seen openly.

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7 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 26 June 2010

Dear Author, U will have to move an application to the Hon'ble High Court of ur state, but u will have to mention the genuine reasons to satisfy the Hon'ble High Court that as to why ur case should be transferred. For more details u can call me at 9871158578

G. ARAVINTHAN (Legal Consultant / Solicitor) 27 June 2010

File necessary applications under Section 24 of Civil Procedure Code for transfer of cases pending before Family Court with sufficient reasons as grounds

Anjali (IT) 27 June 2010

is there any guarantee that after transfer the case, you will get whatever wanted ?. It all depends your lawyer, how good he/she presents your case to the judge. it is known fact that most of the judges will be little bit lenient towards the girl's side. [it doesn't mean they are biased]. Good luck

G. ARAVINTHAN (Legal Consultant / Solicitor) 27 June 2010

Most of the Judgments are in favour of the wife. But the order of transfer is at the discretion of Court

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 28 June 2010

As per the C.P.C sec 24 allows the transfer of the case. The HC can be invoked under this provision (TRCMP).In this case both party convenience and balance of equal opportunity was taken into consideration before effecting transfer.

TRY YOUR GOOD LUCK. AT LEAST U CAN GET STAY OF PROCEEDINGS FOR SOME PERIOD.