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sanjeev001 (executive)     22 March 2012

Transfer of divorce case to another state

dear members,

i am looking for your kind suggestions here, i am planning to file a divorce case in pune mahrashtra, my wife is currently residing in MP, she is not with me at the moment, i expect that she will pray for the case to be transferred to her hometown, if she wants to do that, what will she have to do, and if this is done, what can i do to bring back the case to my city pune, i am working here and i am the earning member in the family, i have my parents to look after, my brother is also earning but i need to look after my parents as well, what is the remedy to such a situation, and if at all the case gets transferred, what is the time frame of the actual transfer of case.

how long does a case take to get transferred to another state, and how can one appeal for a reverse transfer, what is the time frame and how much money does it cost. and does one need to engage a local lawyer from that respective state, or can we take our own lawyer, what is more beneficial. kindly elaborate

thanks and regards



Learning

 7 Replies


(Guest)

Dear

If wife prayer to tranfer the case to High Court - offer to travling charges for appearing in court.

On this offer court cant transfer the case to your state. Various citation of HC is available.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 March 2012

Dear Querist,

She can only get the case transferred by approaching the Supreme Court of India at Delhi, since it concerns two different states. You'd ample opportunity to contest her transfer petition here in the Supreme Court. She would have to satisfy the court that if the case is not transferred she would be prejudiced and is the same is done you won't be similarly prejudiced. SHe has to satisfy such twin burden. If nothing works - then the offer to bear her transportation to come and attend at Maharashtra may be offered. 

Feel free to talk !

M V Gupta (Advocate)     22 March 2012

I agree with the views of Mr. Chugh.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 March 2012

Dear Querist,

She can only get the case transferred by approaching the Supreme Court of India at Delhi, since it concerns two different states. You'd ample opportunity to contest her transfer petition here in the Supreme Court. She would have to satisfy the court that if the case is not transferred she would be prejudiced and is the same is done you won't be similarly prejudiced. SHe has to satisfy such twin burden. If nothing works - then the offer to bear her transportation to come and attend at Maharashtra may be offered. 

Feel free to talk !

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 March 2012

Dear Querist,

She can only get the case transferred by approaching the Supreme Court of India at Delhi, since it concerns two different states. You'd ample opportunity to contest her transfer petition here in the Supreme Court. She would have to satisfy the court that if the case is not transferred she would be prejudiced and is the same is done you won't be similarly prejudiced. SHe has to satisfy such twin burden. If nothing works - then the offer to bear her transportation to come and attend at Maharashtra may be offered. 

Feel free to talk !

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 March 2012

Though now in SC also, the attempt for mediation is also done for the warring parties. I have seen them to be more successful than other places.

 

Contact CM Jain from the forum for the same./

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

smitha (analyst)     27 November 2012

Hi, Sir
My hubby was absconded for a month after we faught severely and its only reason bec of bad advise of his parents.

2/3 times mutaual settlement by lawer and afte that also he never stayed at home..I take care of my baby and he goes for playing night he comes at 1am .saturday he will stay outside and he used chatted with so many girls,..he never said where he is going what he is going last Auf AFTER  fighting he absconded when I requested tamilnadu police they dint take any action I was suffering alone with  my baby in metro then I went to my native there also Police called my Inlaws they dint come and their mobile was switched offf then Police file 498A..After a month they came with bell and now they have sent me divorce notice in my native..I have a small baby i dont want to give divorce and moreoevr,...Iam taking care all exp in metro how will travel to native for every hearing and too transfer the case also I have to hire another lawer..I am taking care of my baby aswell job..how will Hire now lawer and my travelling exp and so many things..He is earning lakh in a month..please suggest me


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