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Victim Of Law (home)     05 September 2012

Caveat info for transfer of divorce

Hi All,

I the petitioner for divorce case running for nearly 3 years in chennai and now my spouse ( respondent) wants to transfer the case to mumbai through supreme court. Last hearing on sep 2 she informed to court she is going to transfer case. But she didnt mentioned that applied already or yet to apply.

- If she applied already, can i file a Caveat?

- if she not yet applied, can i file a caveat?

-  How much it will cost to apply a caveat apllication in SC?

-  What all the documents required?

 -  What is the procedure or stages involved in filling of caveat till the transfer or no transfer judgement?

Please reply---



Learning

 3 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     06 September 2012

Dear Querist,

If your spouse has not filed in the  Supreme Court  the Transfer Petition seeking to transfer your divorce case from Chennai (T.N.) to Mumbai (M.H.) and that she has disclosed in the Family Court in Chennai intending to transfer the said divorce case in the  Supreme Court , you may file Caveat in the  Supreme Court. If she has already filed the said TP in SC, you will get a copy of the same and necessary notice of hearing will be issued to you or to your Advocate-on-Record.

 Cost invlved is nominal. 

For obhecting to intended transfer, you will need to examine the contentions raised and grounds adduced in the said Transfer Petition and then, necessary documents would be required to oppose the Transfer Petition.

For remining purpose, you will need to discuss with your lawyer.

Trust this would suffice.


Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi

1 Like

Victim Of Law (home)     06 September 2012

Sir,

My problem is they just informed the court '' we are transfering the case to mumbai' but judge was absent on that day but they insisted for nov 12 date specifically. Since it is long they gave on oct 25th. I dont know they had already applied or yet to apply and also MC case is still in chennai going but both of us dont know the date of it, as we are not appearing.

Earlier a year ago they applied for transfer but rejected due to MC present in chennai but at that time Divorce and MC both clubbed on same date. Last hearing i checked but ony divorce case bundle is present.

My question is after they apply advocate in record will be notified and will i get a chance to put counter on transfer proceeding or will it automatically make me ex-parte and case will get transfer?

Really confused on applying or not for caveat?

 

 

 

 


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