Transfer of divorce case

Hi Sanjeev,

Mam refers after the case transferred to mumbai by SC. if i dont attend it will get dimissed.

hi allen,

i think there is a slight confusion over the reply given to you by Maam, even i liked her advice very  much as i am about to face the same problem similiar to yours, however as per your answer the case will be DIMISSED in mumbai as per your reply. however, if a party remains absent, the verdict given is ex parte and not dismissed. i think you need to get that answer correct. even i would like to get an elaborate answer from her as the suggestion she has given is quite good. however i have never heard that a case gets DISMISSED because of the absense of one party. it is given ex parte. in your case, if you dont attend. you will loose your divorce case, and you cannot file a divorce again on the  same grounds again. need to get clarification again

Hi Sanjeev,

I got it, we willwait for mam's reply. There is lot of ways in our Law to dismiss or get reopened after dismissal

hi allen. ya lets wait for her reply. on what ground have u filed ur divorce case. lets see if we share something in common so that we can share information. my email id is sanjay07070@yahoo.com . do write to me we will exchange knowledge and try to help our way out. 

or practical advise....let her get it transferred and later it would be dismissed for want of prosecution if you do not attend it...

What reasoning do you place on board for saying this? If upon the transfer of the case to Mumbai he does not attend it, it will be decided ex-parte against him.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

Thanks Rajiv Sir,

I have one more query....for all these four years of divorce proceedings my parents house is locked because of their belongings. It is a seperate portion in my mothers house, they locked it and took the key with them with the help of police.

When we raised this in divorce or dowry case, but they say we wont take back their things untill divorce is over. if we open it then they will file a case saying 10 soverign of gold missing.

Opening of house his important since my mother is badly losing 4 years of rental income.. They stay in mumbai and our locked house in chennai.

Please help me to proceed their evacation....

If this is not the right forum please guide me right forum..

Hi All,

Today i received summon from SC on stay proceeding for chennai family court divorce case. Pleading for transfer case from chennaii  to mumbai from my ex side. 

Reason mentioned in their transfer plea, My justifying points in bracket..

1) Her Father and mother are old that she had to take care of them so frequent travel is a problem. (both of them are           working till now)

2) She needs to take care of his brother. ( he is 23 years old already completed mariine engineering and worked abroad).

3) She is not financial sound and not working. (She completed MA and B.ED and during 2009 she was doing Mphil and was working at that time)

4) She enrolled new management course in 2011 so she cannot travel.

These are the points she is praying to get transferred.

I have to file counter first and attend ( lawyer or buy person) in jan hearingin SC. My counter points are...

1) They filed cheque bounce case 138 by stealing one of my cheque but when my lawyers asked  for genuity of signature. they stopped to attend and didnt pay fine imposed by court, it got dismissed (lack of attendence) in their native mumbai court. which is hardly 2 km from their place.

2) No children out of marriage.

3) Already MC filled by her in chennai is still pending.

4) Current divorce case  in chennai is in Pw1 cross and then final judgement. Just 2 hearing to come to a conclusion.

5) They took all my certificates and jewels locking one portion of my mother house till now . Without my orginal i am out of job for three years.

6) Dowry case is still on in chennai and they are not attending reguarly even when we allow them to get divorce and dowry date next day or the other.

There are lot of other good points for me to counter saying they do this just to harrass me by transferring case to mumbai and eventually they wont attend, pointing out wat they did for 138 case.

Will these points help me to get transfer plea dismissed...Pls reply

Yes, u have to fight back with all these points in ur favor. Dig out the judgments & discuss with SC lawyer