Dear Learned Friends,
This query has been made regarding a transfer petition of Section-9/RCR of HMA in Supreme court of India by the wife. The brief details are as follows:
Marriage took place in April-15, it lasted only for 45 days. Wife deserted in mid of June. In 3rd week of July the husband filed RCR. Wife filed D.V act at the maternal home city in the month of November. Wife appeared in RCR 4 times till date and no counseling till date in the case of RCR. Judge had warned wife's lawyer to ensure his client attends the hearing in August. But, in that hearing of RCR, wife’s council appeared and moved an application citing that they have applied for transfer petition in Supreme Court for transfer of RCR to the city where the wife lives. The application was not having any supporting documents, the case no. of Supreme Court, etc.
Now my query is:
1.) After appearing 4 times in RCR in the current court where the hearing is going on, will supreme court still allow the RCR transfer?
2.) What are the chances of SC allowing this petition?
3.) Shall the husband also defend the transfer petition in SC.?