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Arjun (Business man)     13 June 2013

Regarding divorce case transfer petition

Hello sir,

I have filed Divorce case against my wife in Chennai  but my wife staying with parents in andhrapradesh. Now she filed Transfer Petition in SC to her mom place. So far i didnt receive court sumons and case still in pending status. I dont have objection to transfer the case to her mom place. My question here is whether i have to consult lawyer in SC and file "no objection to transfer" or without my response whether SC will transfer the case automatically?  



 7 Replies

reejas (advocate)     13 June 2013

how did u come to know that she has filed a transfer petition? if have knowledge through court notice u should object through counter or u can endorse in her petition as no objection. u cannot appear before the case till u receive summons or she might have shown u as ex parte .

1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     14 June 2013

Dear Querist,

 

When you receive Notice from the Registry of the Hon'ble Supreme Court, if you write / endorse also, the Hon'ble Court, may in order to doubly sure the so called NOC, issue fresh Notice to you. In order to avoid travelling to New Delhi, you may engage an Advocate on a nomnal fee basis to represent you with the Affidavit of No Objection so that in a single hearing matter gets sorted out and the TP gets allowed. However, what needs to be done in the given circumstance is the prerogrative of the Hon'ble Supreme Court on the merits of each matter.

 

Trust this would suffice.

 

Rabin Majumder

AoR/SC

New Delhi.

1 Like

God is Great (Executive)     14 June 2013

Hi,

Why do you want to allow her for transfering the case. THe case would go on for years and you would cry later on for allowing the same easily.

Think twice before allowing.

Thanks!!

1 Like

Adv k . mahesh (advocate)     14 June 2013

in given circumstances you staying in chennai and she at andhra pradesh will does not make any difference in objecting the transfer petition in the SC

even if you oppose the transfer petition the supreme court will transfer the petition and it is better to attend thorugh a lawyer and give your concern that you do not have any objection 

1 Like

Jayendra Sevada (Advocate)     15 June 2013

Mr. Arjun,

 

It is great to hear from your side that you have no objection, if the same is transferred to her mom's place but did u have looked into the the consequences, which u have to face after it. The consequences would be:

1. you have to engage a new lawyer.

2. brief him about the entire sequence of events.

3. your witness has to travel from your place to AP

4. you have to travel to A.P.

5. the court may prejudice from the Hon'ble Supreme Court's order.

and many more consequences, which you may have to face.

What I suggest you is to fight the case on its merits, tell the court that the majority of witnesses are from your place and they cannot travel because of _______ reasons. Also convey it to the court that the merits of the case are so strong that it is in the interest of justice not to transfer tthe case. The jurisdiction of AP court doesnot lie at all. The sequence of events have happened at your place only and not with AP Courts.

 

I may tell you that it is no rule of law that the case has to be transferred. You should fight against the transfer petition filed by your wife.

 

Best Regadrs,

Jayendra Sevada 

1 Like

Arjun (Business man)     15 June 2013

Thanks all for valuable replies

Nitish Banka (lawyer)     09 August 2017

Transfer Petition Supreme Court Recent trend

These days Hon’ble Supreme court is not lenient in allowing transfer petition in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam

In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below.

 

17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.

18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-

i) Availability of video conferencing facility.

ii) Availability of legal aid service.

iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.

iv) E-mail address/phone number, if any, at which litigant from out station may communicate.

Therefore the aforementioned guidelines were issued to all the High courts to make arrangements for video conferencing instead of transferring the petition, therefore dismissing all the transfer petition filed in the Hon’ble Supreme Court.

transfer petition के लिए चित्र परिणाम

 

But recently, I was successful in admitting one of my transfer petition in Hon’ble Supreme Court on the ground that the proceedings were vitiated by fraud.

In that proceedings the husband has deliberately filed the petition at a far off place only to harass the wife. the Hon’ble Supreme Court accepted this is a valid ground for entertaining the petition and issued notice.

There can be other grounds as well like-:

a. Manipulation of court records.

b. Attack on wife.

c. Petition filed to harass wife

d. Petition filed without jurisdiction by reading petition only.

 

For husband the judgement of  Krishna Veni Nagam vs Harish Nigam is a valid defense for husbands  for defending transfer petition supreme court.

By-:

Advocate Nitish Banka

Supreme Court of India


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