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Tamanna   28 November 2016

Suggestion for next step to take against harassment by my husband

My husband left me at Delhi after 1 year of marriage, he harassed me physically and mentally during those days. I could not take any legal step against my husband for the sake of society and his future. I am currently staying at my parent house with my old sick father.

But one day my husband filled a case against me with false allegation at family court of UP. So I applied to my nearest family court for the transfer petition. Court permit the stay order at UP court.

Few weeks before, I received the up-to-date status of my case that "My Husband again submitted a counter filled against that transfer petition".

Please help me to understand what this step about and suggest me what should I do next.

Questions:

  1. Is my case has been already transferred from UP court to Delhi?
  2. Can my husband fight against this transfer petition from UP to Delhi?
  3. As my husband filled the case first at UP court can't I transfer this case to Delhi?


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 2 Replies

Ms.Usha Kapoor (CEO)     28 November 2016

Is my case has been already transferred from UP court to Delhi? Can my husband fight against this transfer petition from UP to Delhi? As my husband filled the case first at UP court can't I transfer this case to Delhi?

Read more at: https://www.lawyersclubindia.com/forum/Suggestion-for-next-step-to-take-against-harassment-by-my-husband-1Delhi44700.asp
1.)Yes! you rcase has already been  transferred to Delhi.
2)Yes! Your husband can fight  against this transfer petition from UP to Delhi.
3)Your case has  already been transferred from UP to Delhi.That's why your UP case has been stayed in order to transfer to Delhi where you and your Husband last resided. Jurisdictionally allso it is correct.Would you give me my profile likes in exchange for free legal advice?
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Samarpan (M)99958670740 (Free legal advice and legal aid cell)     28 November 2016

You are confused.  Your transfer case is at pending stage in Supreme Court.  A case can be transferred from UP to Delhi only through Supreme Court Order.  You filed transfer petition in S.C.  The S.C. granted stay and now your husband has been given opportunity to contest the transfer petition.  He will file his reply and both your counsel and his counsel will argue the matter, then the case will be transferred to Delhi.  Generally, in such cases, when wife files petition for transfer she will succeed and in all probability, the case will be transferred to Delhi Family Court.

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