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Jamai Of Law (propra)     04 September 2010

Transfer Application

This query is on behalf of one of my friends relative as follows.....



What much does it cost for a husband-respondent to transfer the ongoing divorce suit?

I am told that ...
    * it needs to file another suit in the same way the petitioner filed the suit.
    * But being a man it would cost to the husband (not exempted from application costs)
    * and also the 'Notice of such trasfer application' is required to be given to the wife by court's Orderly who goes to wife's home and hands over the same.. (wife is petitioner in the main suit),

But anyways we do attend the hearing and meet there. SO is it not possible to give the copy of all the xeroxes, there itself to the her or her lawer in the Court?

I am told that ...
 'the transfer application' is given a new number/litigation no. which is different for the ongong suit number. and you have to attend 'tarikh pe tarikh' for two suits now!!!!!! Why can't it be like an intermediate applications?

Is it very costly fo file aplicaation (How much a lawer generally asks especially for court fees etc related expenses)? how much should it cost? (lawyers fees are different)

The Situation is..... The case is going on in the city which is 150 kms away from wife's place of work, and almost 900kms from my currrent place of work and now I am getting transferred to wife's place of work! Wife filed it in that metro city (her parent live there) as we married there (and also more importantly her relative is one of the judge in there but in a different family court room)

At the place of 'wife place of work' and from next week onwards also  my place of work', there is only a district court and no special family courts.

Both of us are doctors and no kids

What are pros and cons of transfer of suit from metro to district court?

Please read.....

If I have to make a complaint that 'This queue is very long'.
Then advice given is 'file a complaint with authorities'.
and next information given is.... 'You HAVE to stand in the same QUEUE... to file this complant also'.
Then what's the point is making a such complaint in the first place?

Is it not weird?

Please please help me


 5 Replies


I will volunteer on TP (C) question of your friend;

1. If marriage took place where wife currently lives and husband is being transferred to same city then what is the point of contesting TP (C) ?

2. Also note S. 19 HMA governs the TP (C) and not PLACE OF WORK which may be one of the counter grounds to oppose but a weak ground that is all.

For other statement I didnot understand what exactly you want to ask so some ld. member will attend those including refine views to my above suggestions. .

Jamai Of Law (propra)     04 September 2010

Dr. Kumar. let me sort out the confusion.

Main issue here is about 'quality of advice' by his lawyer as well as the costs demanded by his laywer.

Both got married in city A and lived there for a year. marriage is registered there in city A

Both moved to another district city B and lived there made investment there. Booked  two 1bhk apartments (front room joined, wall removed) . and a gala for there future dispensary on gr floor. one flat each in each name.   

There only, after marital dispute, both were separatly living in the same city B for 6 months or so. Husband stayed in rented place there in the same city B and has now got it rebuilt the joining wall in the two 1bhk apts. one flat is occupied and rented by her to her colleague females.   

Husband went on deputation of 3 yrs to another city C.

Wife went on long leave to her parents place city A (metro) and then filed case in city A there for 'cruel behaving and short tempered hunband'.

Afterwards she again went back in the same city B since it is just 150km away city A, to resume her Resident doctor job there.

Now he got his deputation cancelled in city C and returning to same city B (and also same place of work ironically).

He thinks that case is getting extended with nothing happening and also her relative is there as a judge in city A where the case is currently going on.

Hence He wants to trasnfer the case from city A to B from 1st oct 2010 onwards.

His lawyer asked for 9000/- more for transfer application???? He has already spent a lot so far.

His lawyer said   interim application won't be sufficient but separate petition required.

His lawyer said court is on vacation (??? .. I am just writing as told) hence the delay.

His lawyer  suggested that it's better to transfer it from metro A to district place B once for all?

Why 9000/- for two-three page application? which says ... 

            from 1 oct onwards both spouses are going to be in the same city B.

           please transfer the case to that city B where lived together last and have property also.

Wife seemingly was pursuing to divorce initially, but since the time he has made up his mind to remarry, she is now delaying the case deliberately.

I had suggested him to make application for speedy disposal in the same court in metro A (or get the judge changed if it was possible) but the lawer says it may not help much.

Jamai Of Law (propra)     04 September 2010


His lawyer said court is vacant or vacated.


Ha ha

1. The lawyer is correct in "charging" his professional fees for intra district TP (C) whether it is 20 words or 1 page it is his due professional fees and party needs to re-negotiate and reader shere may not bind the ld. advocate. Further lawyer saying filing S. 21 B HMA may not help is quite valid take of his based on experience and current sorry status of backlog of family law cases pan India. But no harm placing on record one such IA. Also one need to see if interim maint. application is disposed off or not to make effective remedy under S. 21 B HMA.

2. There is nothign called that you give some sort of ultimatum to Hon'ble HC that on 1st. Oct. the case to be transferred.

3. If both husband and wife living in City B and originally the case file din City A then showing grounds as you wrote in above big reply para can plead for transfer provided it is not opposed by her. In my opinion grounds are good.

4. Appraising apehension on some Judge in same Court being her relative may not work provided same Judge is hearing the case of parties !

5. Vacant Court is no ground not to file a TP (C) infact it may become one of the grounds to expedite disposal of TP (C) !

Your friend will succeed provided negetativity against the advocte is removed who is sincerely helping the party as I can feel from the provided breifs rest the party may feel over and better than me since I am just replyign not facing the music face to face in party's place.

Jamai Of Law (propra)     04 September 2010

Thanks Dr. Kumar

Ok. I just had a telephonic talk.

Court vacant means the no judge is 'as yet appointed after transfer of previous judge' (Initially he was very very happy with it!!!! but now he wants to expedite it. and seemingly she is happy now for the delay!!!)

How about atleast  filing an application to transfer the case to different court room in the same metro A family court instead of transferring it all the way from A to city B? are such applications entertained in the first place?

Is there any provision to make such applications? And can he mention in that application that....

"Please arrange to transfer the case to any another court room where the judge is appointed!! except one judge since there would be likely conflict of interest and likely bias due to  'opponet's relative/aquaintance sitting as a judge' or whatever good reason which would not hurt  whoever is reading this kind of application.           

This may sound funny but it is a fact!!!

For above mentioned application can he do away with intermediate application? and to go for separate petition altogether and impending whle procedure again......

How and on what grounds can the wife oppose such local transfer within the same family court premise i.e from one court room to another? if he is ready to state that 'this application for transfer from court room-X to court room-Y would ultimately help the wife ONLY. The case would move forward or would reach to some conclusion  instead of taking next 'tarikh' again and again.  

No maint related problems as the wife senior to husband by one year since there college days and also on job in the hospital.

Sticking to family court in A (but different court room) would be better as it is a specialised court facility not available in every district. This is what I suggested to him.

Please suggest alternative to speed up this whole thing. Please don't advise to go to high court or supreme court please.....

Dr. Kumar and all other stalwart .........please help and give suggestions..................

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