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perm32 (Asst Professor)     23 August 2015

Transfer of divorce case in favour of wife

Dear All,

My wife filed a transfer petition to high court to transfer the divorce case from Madurai to her home town, Trichy. The high court has approved the appeal in favour of my wife, without even allowing us to file a counter affidavit. However, Trichy does not come under Jurisdiction as we got married in Madurai and last lived in Bangalore. In the transfer order, the Judge has said that "in transfer petition related to marital issues, the court will give ordres to wife's preference", even though Trichy does not come under Jurisdiction. Can I submit a petition to High court to review the appeal as Trichy does not come under Jurisdiction? Would it help to reverse the appeal? Thank you very much. 



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 6 Replies

A.Radha Sampath (Advocate)     23 August 2015

Your appeal won't stand as a woman can file a divorce petition from anywhere in India after she leaves the matrimonial home.

So you need to attend the court where the case is transferred.


(Guest)

sir under what act your marriage has been made? hindu marriage act or special marriage act?

if under hindu marriage act then:

u/s 21A  if you and your wife file petition in the same district court, then you have to attend that court. but if you and your wife has filed petition in different district courts, then the case will be transferred to that court where earlier petition is made.  but in both case petition can be transferred between district courts and not from one high court to another high court. section 19 stated clearly that court which has jurisdiction can try divorce petition.

if under special marriage act then:

same as hindu marriage act stated above.

 

but law is completely silent about the power of high court to transfer cases. in absense of law there is the guideline laid down by karnataka high court and supreme court are given below: both allowed transfer petition if the wife has trouble to continue procedure.

karnataka high court:

https://indiankanoon.org/docfragment/87122991/?formInput=transfer%20matrimonial%20case%20%20%20%20doctypes%3A%20judgments

 

supreme court:

https://indiankanoon.org/docfragment/445976/?formInput=transfer%20matrimonial%20case%20%20%20%20%20doctypes%3A%20supremecourt

 

so you have to show to the satisfaction of the court that she has no problem in madurai and she will have trouble if she goes to trichy. only then i think the transfer petition be stopped.

 

perm32 (Asst Professor)     23 August 2015

Thank you ari, Sir. Our marriage was made according to Indian marriage Act (no special marriage act). The transfer order (btween districrt courts) was given by Madurai High court based on my wife's petition that my wife does not have an independent income and she can't travel as she has to dependent on her parents for expenses. However, I have evidence that she is currently working at Trichy. Is this is a valid point to stop the transfer?

rajendra (na)     23 August 2015

until and unless u have a erious threat in the location where divorce transfered court will not considered your request......

Question is how will u convince the judge on this...

S.JEEVAGAN, Madurai. (Advocate, High court )     18 May 2017

Hello sir,

Hon'ble Madras High court itself has stated in one of its judgments that "it would be unjust to close our eyes to the facts and circumstances of each case and to mechanically order the transfer of cases only because the petitioner seeking transfer is a woman. It would be an injustice to adopt a dogmatic approach.

There are good wives who are self-effasive sacrificing their life for the sake of errant husband husbands who are jealous, sadistic, immoral and wayward, drunkards, and forced to tolerate cruel in-laws. Likewise there are good and unfortunate husbands who undergo torture at the hands of avaricious and greedy, spend-thrift and termagant wives, and immoral women. There are many mother-in-laws and sister-in-laws who are mainly responsible for dowry harassment. Life and society is a mixture of good and bad men and women and the Courts cannot ignore the down-to-earth realities and indulge in the luxury one-sided populist gimmicks. Transfer petitions have to be decided on the merits of each case and not merely on the basis of the s*x of the applicant".

 

Website :  https://www.jeevaganadvocate.com/

 e.mail  : jeevaganadvocate@gmail.com

  Cell Nos.  : +91  9842197855, 9842197857.

 

whatnot   18 May 2017

Why get entangled in legal hooplas.

 

Let her get exparte divorce. Approach highcourt with decree and fight it out.

Unless there are other cases, then fight them on benefits.

If divorce is your goal , you will get it anyway


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