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Savleen Singh (Rikshaw Puller)     26 February 2012

Tranfering the case where wife last resides

Dear Experts,

My wife last resides in Delhi but she filed a maintainence and 498a case against me in Jammu where the marriage took place .

I already filed a RCR case before she filed these 2 cases...I am traveling twice in a month to attend the proceding but now i want to tranfer both the cases to Delhi. i know its going to be daunting task but still want to give it a short.

My quest: Will all the proceeding of other cases be stayed till the supreme court decision to tranfer the case ?

How much time usually it takes?

What shud be the frees of a lawyer to file an appication for transfering the case ?




 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     26 February 2012

Dear Mr.Savleen, 

It's good that you understand that it is daunting, but let me make it easier for you - place of marriage without anything more, does not establish jurisdiction for maintenance & 498A Cases. It is the test of 'forum conviniens' that is important. Though maintenance case can be filed where the woman resides. 498A is to be tried at a place where the offence allegedly took place. In the end what the court considers is where a fair trial can be possibly had ; and a trial is not fair where it is not highly inconvinient for a party, and leads to personal as well as juridical loss. 

Savleen Singh (Rikshaw Puller)     26 February 2012

Mr. Bharat,

Thanks for the reply.

What wud be the fees of a advocate to transfer this case ? I mean filling an application in supreme court and drafting..



Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     26 February 2012


Dear Querist,


It may be difficult but certainly not impossible for obtaining transfer of a case pending in a Court in a State to that of another State.


It may further be noted that pendency of Transfer Petition in the Supreme Court does not in anyway STAY the proceedings of the case sought to be transferred unless such STAY is granted in the Transfer Petition.


As regards time to be taken, it depends on facts including the status of the case and grounds based on which transfer is sought from Supreme Court.

As reagrds fee, its a negotiable amount agreed between the Petitioner and the Counsel. However, its, of course, reasonable.


Trust this would be fine.


Rabin Majumder


Supreme Court of India

New Delhi

Savleen Singh (Rikshaw Puller)     26 February 2012



I was in impression that the proceedings of others cases will be stopped including the RCR sec 9 case filled by me which is on ex parte stage ..i think i need to check with my lawyer again..I was told that all the proceeding will by stayed till the court decides whether the case can be transferred....



Shantilal Pandya ( Advocate)     01 March 2012

Cases  filed under  Hmdu marriage  act  can be stayed by the  court  in a proceeding for transfer under the  said act. 


Savleen Singh (Rikshaw Puller)     02 March 2012

Thanks for the suggestions by all.

I am getting a decree in next hearing on my RCR case, so should i wait till that date OR file for the transfer now.

Will it give me any advantage since she never turned up even for a single date in RCR case filed by me ?




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