i have been served a notice by the supreme court for transfer of mat suit from kolkata to panchkula with chance to show cause my reply ( why it should not be transferred) to the petition for tranfer submitted by the estranged wife ,
i had filed the case in kolkata and ex parte decision was due on 28th apr, now she has filed a petiion in supreme court for transfer of the case to her hometown ie panchkula and interlocutory stay on ex parte decision with a request to kolkata courts where the original suit was filed to reimburse cost of the case.i am paying 56000 pm on gross as maintenance as per army rules for the last two years , plus tax on gross salary , and myself getting only roughly 40000 per month for sustenance or sometime even lesser , but never more than 40,000. for last two years.I have my pay slips to validate this.It is clear that salaried officer is getting lesser than his estranged wife whom he is maintaining.
my questions are:
should i represent against transfer or is it a foregone conclusion? I have been told the tyransfer is usually given in favor of the opposite gender in 100% cases.
should i file an affidavit , hire an advocate to represent in supreme court or save my money since ir will be transferred anyway
will my not reperesenting in writing, hiring an advocate to do so or going in person be held against me at a later date when the case is transferred with the honble SC giving adverse remarks (casual attitude, lack of interest etc) to the same?
SC has given 2 dates , one date is in june to reply for non tranfer and 2nd date is in first week of july when the decision on transfer and stay will be taken by SC which will be expartee if i dont appear.
I want to be sincere to my case but would like to avoid any extra cost for a process which will be of no relevant outcome , in my case - against the transfer.
what are my true options that will benefit me either ways , yield result for non transfer or save money instead
regards
ashi
