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chandra mohan (power)     15 November 2011

Transfer of divorce case

I filed a divorce case at my residence state in Kerala. My wife filed a transfer petition in Supreme court for transfer in her native state Madhya pradesh. Now I want to withdraw the divorce case for:

1) So that I can put some new facts which was missing in my current petition like false 498a FIR, threatening to sucied, etc.

2) They have to spent extra money at SC for again transferring of new divorce case so I will be happy.

 

Any harm in doing this or court will take this one more case of harrasment.

pls guide experts!



Learning

 26 Replies

Aishwarya (Teacher)     15 November 2011

anything can happen in transfer..its all on merits and depends on judge too favoring girls or boy side..depends on luck and lawyer fighting it..

1 Like

(Guest)

why where these facts mentioned above not included in your divorce petition?

Did she filed 498A after you filed divorce?

chandra mohan (power)     15 November 2011

@Ranbir

Earlier  they filed some other false cases like threatening,  abusing etc. and I had received notice from CAW on that period. Expecting 498a at that moment i filed divorce case.


(Guest)

If you have filed divorce on the basis of cruely, then it is OK.

I would suggest you contest the transfer petition in SC, there are chances that the case might be transfered to her hometown

If you are lucky you win, hire a good lawyer...in SC and contest..

If she ever files 498A, after filing your divorce petition,  it will be quashed easiliy in the HC because, it would mean that she wants to punish/harass you because you filed divorce..

Was there any FIR made from the complaint filed by her in CAW ? I guess not.

chandra mohan (power)     15 November 2011

@Ranbir

1)ya the ground is cruelty.

2)no, the 498a was on her complaint made only. 

3)date of complaint (JULY)or date of FIR (AUG) will be considered for quashing 498a. These cases are to harass me and my family.

4)the diverce case is in between the above two dates.

If I withdraw the div case then they have  to spent money on case and transfer after refiling it. 


(Guest)

Read Carefully:

Not all allegations will bring home an offence under section 498A, which means, whatever the allegations, they must fall under the umbrella of section 498A. Please read section 498A carefully and see whether the allegations in the complant are covered under 498A.

I am sure, the allegation in the complaint to the CAW were general in nature and will not be covered under 498A. When you filed Divorce, they filed 498A out of the complaint given earlier.

THERE IS A VERY GOOD CHANCE THAT THE 498a WILL BE QUASHED. Because the FIR was filed after the divorce was filed.

Get in touch with a good lawyer in you place, a lawyer who is conversant with 498A realted cases, he should be a high court lawyer and file for quashing under section 482 of the CrPC. Pray for staying of the case, so that the proceedings will stop till the case is disposed off in the HC. This process will take at least 1.5 years.

in the mean time, do not withdraw you divorce case, let it run ,contest it. Even if it is transferred, let it go, but contest it properly so that you win. Also, add in the divorce petition that the 498A case is false and in the HC for quasing and the proceedings of 498A are stayed. And she filed this transfer petition to harass me furhter.

Let the two things run together.

Ranbir

1 Like

galsober@yahoo.co.in (def)     15 November 2011

@Auther!

Also u will get right to file 'ongoing cruelties' through REJOINDER in ur divorce case. Rejoinder will be read as a part of ur main div application.

Best point s that if HC quashes ur 498a case, ur cruelty ground wil get an escalation.

Do not withdraw ur divorce petion............is my view

1 Like

chandra mohan (power)     15 November 2011

Dear ld experts,

I want to withdraw it becoz we had suffered a lot.

If I withdraw and refile it I have to pay a little cost whereas they have to approach SC again for transfer and cost of lawyers are much more in SC. so it will be one way to punish them financially. 


Any legal problem by doing this please?

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     16 November 2011

JSDN is Rght, follow

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     16 November 2011

go thriu my reply to Krishna today 16-11-2100  1:10am?? 

THINK IT OVER

cm jain sir (ccc)     16 November 2011

R/s ld experts,

Reply of Ranbir ji, Aish mam, Galsober and shroff sir had helped me to change my mindset and strategy.

What is the legality of divorce , if taken though samajik meeting. One of my sr colligue is recommending that it is an easy and fast process. Is it acceptable way to get divorce through SAMAJ(social meeting). whether our ld court accepts this methodology?

please guide me for this???


(Guest)

Your divorce petition will put her under pressure and once the case goes, in fact it will go, when you mention in your petition that she has filed 498a after you filed divorce.

If you go for "samajik samjhauta"..she will be free and you will be under pressure for 498A. This option will be with you. Keep it. you can go for samajik samjhauta any time during the process or your contested divorce can be converted into mutual divorce any time during the proceedings of your divorce case.

once you file for Quasing and the case is stayed, you can ask your wife to come to a compromise and the case will then be quashed more easily when both parties are agreeing for settlement.\

Once the case goes to HC, she bieing a party, she will also be under pressure because, she will also have to hire a lawer and will be under pressure..

You can also in high court, ask the court to send the case for mediation and the case may be settled there.

Please keep in mind that even if divorce happens...YOU STILL HAVE TO FIGHT YOUR 498a..

Ranbir

Aishwarya (Teacher)     16 November 2011

as far as i knw .."samajik samjhauta" is good deal and it stands valid in court too having signaturs and adress of the people who witness from both the sides atleast 7 to 8 ppl..agree to some terms and conditions..and there is a lawyer or some person who is like known maybe a head or village panch or someone more valuable in position also signs it..it is valid.as this is the option for people in village or who dont want courts settlement somehow.

.isme aur bhi kuch hota hoga shayad  ..but i guess experts may enlighten u more ..

1 Like

rajiv_lodha (zz)     16 November 2011

SAMAJIK SAMJHOTA FOR WHAT, PLZ CLARIFY! Whether in lieu of MCD or Reconciliation?

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