Sufferer (Sufferer) 21 October 2014

Sc transferred divorce case to neutral location

Hello Sir,

I have filed divorce and child custody cases at Bangalore. My wife filed a TP at SC to transfer them to other state. Since she and all her family members are charged u/s 304b, 498a and 34 to murder DIL of my in-laws. SC transferred the cases to 3rd neutral location to Hyderabad.

It is highly likely that my wife and other in-laws who are out on bail will go behind the bar soon. BIL is still behind the bar. My bangalore adv told me that on the next hearing we have to submit the SC transfer order to the bangalore court to initiate the transfer and that would take about 3-4 months. I am ok with that time but I am worried about my daughter who is with my wife and must be living in a bad environment. Since all the family members are involved in the case all will be talking about the criminal stuff and that is not good for my child's state of mind.

My questions are-

1. In my next hearing can we file any relief to get the interim child custody? Will court entertain at Bangalore or will simply initiate the transfer formalities? Any provision to get the help in this case?

2. Is there anyway in which courts can do inter state transfer sooner?

Any advice would be great help.

Thank you in advance.

Regards

Reply Follow

3 Replies

Sudhir Kumar, Advocate (Advocate) 21 October 2014

you seem to be justified in filing such case but it is the wording of TO which may decide where you should file.

However, in case your child is less than 5 and no custody is granted by civil court you then your wife can take her with her to prison.

However, nothwithstanding progress ofTO, you need to be present on the court when your wife is convicted with your advocate so that the temporary custody of child could be requested then and there. You can try luck.