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**Vikram** (Managing Partner)     06 February 2012

Transfer of divorce case

Dear All,

I had filed contested divorce after, 2 years of fighting 498a and DV case.

 

She had filed DV case in her home town which is 2500 Kms away and 498a has been transferred to her home town lase year by SC.

 

I had filed section 9 that was transferred, as soon as it was transferred, I withdrew it.

 

I filed divorce, and how she has filed a transfer petition in the SC.

 

IS THERE ANY WAY TO STOP IT FROM BEING TRANSFERRED...NORMALLY THERE ARE 99% CHANCES OF THE PETITION BEING ALLOWED, SINCE

IT IS A CIVIL (MATRIMONIAL CASE)

SHE IS A LADY and prima facie she is not working

2 CASES EARLIER WHERE TRANSFERRED.(498A AND Section 9)

 

THE CASES WERE TRANSFERRED DESPITE MYSELF NOT HAVING A JOB

 

ARE THERE ANY GROUND WHICH WILL MAKE ME STOP THE CASE FROM BEING TRANSFERRED.

 

VIKRAM



Learning

 11 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 February 2012

Dear Vikram,

There is no hard and fast rule that a case has to be transferred just because she is a woman. You can do the following things when the matter comes up for hearing before SC :

1) The plaintiff is the dominus litus - i.e he brought the matter to the notice of the court - if otherwise court has the jurisdiction to try the case - he should not be made to suffer. 

2) You can convince the court that even if case goes on where you've filed it, your wife would not lose on the merits of it and wont face a personal loss. Court normally balances equities by asking you to contribute towards her fare on date of hearing etc. 


Feel free to seek any clarifications.
Best of Luck !
BharatAdvocate (Delhi)Convenor : Lawyers for Social JusticeTel : 9810553252 (only 6 to 9 PM) 

RAJENDRA (ADVOCATE)     07 February 2012

THE CASE OF Y ABRAHAM AJIT OF MADRAS IS THE LEADING SUPREME COURT CASE OF 2005 ON TERRITORIAL JURISDICTION WHICH ONE MUST READ. U DID A BLUNDER BY WITHDRAWING 9 AND FILING DIVORCE. LONG DISTANCE RELATIONSHIPS AND LITIGATION MARS A PERSONS LIFE. FACE BOLDLY. U WILL HAVE TO SLOG. MY SYAMPATHIES.

**Vikram** (Managing Partner)     07 February 2012

Sir,

 

The case of Y Abraham Ajit and at least 10 others (All SC judgements ) were referred but still it was transferred..

the same was again given for review unde article 137 of the COA, but my application was dismissed...

 

I am looking for a ground, solid enough to, to stop this diovrce transfer petition..something that will be different from all the grounds that are generally used in TPs...


Vikram

Rohit Shukla (Engineer)     07 February 2012

Dear Vikram,

Normally, the SC allows the transfer if you don't fight it hard. There are some ways which can strengthen your case and can change the landscape even if doesn't favour you the way you want it. Send PM in my inbox, can discuss offline

Regards,

Rohit

RAJENDRA (ADVOCATE)     08 February 2012

U HAVE STATED THAT SHE MOVED FOR DIVORCE FIRST, IN HER HOME TOWN, 2500 KMS AWAY & THEREAFTER U HAVE ALSO MOVED FOR DIVORCE. WHAT R THE DATES OF MOVING. HOW IS THIS POSSIBLE. U SEEM TO BE OVERRIDING THE DOCTRINE OF RES SUB JUDICE.

**Vikram** (Managing Partner)     08 February 2012

Rajendara Sir,

 

DV stands for Domestic Violence (in short) or Protection of women from Domestic Violence Act, 2005 (PWDVA 2005) and not Divorce.

 

I have mentioned that she filed DV case in her hometown, 2500 Kms away..and not divorce..

 

And I feel, there was no reason to continue with the section 9 - it will simply delay things..

 

Vikram

Chaitanya_Lawyer_Mumbai (Lawyer)     08 February 2012

Yes.RCR is a useless tool....which most of the time backfires.

File reply to her transfer petition that you are not having any job & cannot afford to travel distance of 2500 KM for all your 498a,DV & now divorce cases.Mention if possible, that you have look after your ailing parents.

if at all it is transferred,file revision petition & then curative petition in SC.

If it is still transferred,withdraw it & file a fresh divorce petition in your town.

Next time she may prefer to attend in you town,considering such a lengthy & fruitless transfer process.

1 Like

**Vikram** (Managing Partner)     08 February 2012

Chaitanya...I think it is a good Idea..great..

Thanks..

cm jain sir (ccc)     08 February 2012

 

@Chaitanya sir and dear vikram

 

my case is similar. as per your post:

 

"If it is still transferred,withdraw it & file a fresh divorce petition in your town.

 

Next time she may prefer to attend in you town,considering such a lengthy & fruitless transfer process."


My advocate says that in the above case if she will write a simple letter to Husband jurisdiction court then concern court will not entertain the fresh petition and  may dismiss it.

SC will also take action in favor of wife becoz it will interpreted that the fresh divorce petition is filed to harass the lady.

Chaitanya_Lawyer_Mumbai (Lawyer)     08 February 2012

No.any person has right to withdraw the petition filled by him or file a new petition.

Moreover It will not happen in this case as he is already fighting various cases including 498a,DV in her town & he is jobless as well.

It can be understood if the wife is unable to go to his town due to health conditions/Job or child custody.

She is harassing him by transferring 498a,RCR & now divorce cases.

RAJENDRA (ADVOCATE)     10 February 2012

U MAY PLS GIVE A CLEAR LIST OF DATES AND EVENTS FOR A PROFESSIONAL TO ADVISE U. PLS AVOID ABBREVIATIONS.


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