Civil Procedure Code (CPC)

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Anudeep Bedi (AM)     23 May 2014

Transfer application in supreme court

Dear Sir/Madam,
 
Greetings !
 
 
I filed a case for custody of my child in tees hazari courts delhi as the passport of my wife was issued at delhi address under jurisdiction of tees hazari courts.
 
During the pendancy of the case, she contended that she has been staying at sahibabad with the child and the case be closed to be filed at Ghaziabad court. The court agreed and returned the case to be filed at Ghaziabad in the order dated 21 sept 2013.
 
I instead of appeal in High Court, preferred to file the case at ghaziabad just to save my time to start meeting my child and filed the case at ghaziabad in october 2013. Me, my father and my mother filed a joint petition.
 
Due to a very bad administration at Ghaziabad and continues strikes and leave of judges, even the visiting application could not been decided till today i.e after 7 months.
 
The place of stay of my wife is around 15 kms from gzb court and there is no direct connectivity from her place to court. From my place it is around 50 kms.
 
The tees hazari court is around 8 kms from my wife's house and is very convenient to commute as there is a direct connectivity by metro. Moreover all the time before the filing of the  case, we had been residing at different parts of Delhi. Marriage was held in Delhi, Child was born in Delhi and the last resided place was Delhi.
 
Now my query is :
Whether being a petitioner, i can file a transfer application in Supreme court to transfer the case in Delhi due to following reasons.
 
1. Convenience for child to commute to Delhi in any district with her mother as compared to Gzb Court.
2. All the incidents and witnesses to the case belong to Delhi
3. The age and health of my old parents (around 73 yrs) and inconvenience of travel to gzb court.
4. Bad administration of Gzb court and unnecessary delays without any reason.
5. Gzb being High criminal activities Zone as compared to Delhi
6. Wife being unemployed and I being in service
 
Any other reason for the transfer.
 
I would be grateful if you could reply to my query urgently as Being a father i am deprived from the love and affection of my daughter who is 4.5 years of age.
 
Thanx n Regards
Anudeep Bedi
 
+91 9911149509 


 3 Replies

adv.raghavan (Advocate,9444674980)     23 May 2014

You have not  informed anything about divorce process, yes you can  file  transfer petition,but the other side should  give consent for this. If she feels her place is better the court will take a different view on this., I feel it is better to continue in this court, because getting orders on  a transfer petition will take much time.

galsober@yahoo.co.in (def)     23 May 2014

You wont get any favorable order in this TA. So do nt waste ur resources, most of ur points lack legal merits

Anudeep Bedi (AM)     29 May 2014

Thanx. The Divorce is yet to be filed.

 

The presence of wittnesses in Delhi and old age of petitioners and welfare of the child in commuting to Delhi.

Can these grounds not be considered legal for transfer? 


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