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Partho Mukhopadhyay   07 May 2023

Matrimony issue

My wife filed a maintenance case 125 crpc on Mar 2021. Feb 2022 Order came and I was ordered to give Rs 6000 to wife and Rs 5000 to child as maintenance. We challenged it in the same court in Sealdah but we lost. I filed a divorce in Jan 2023 in Dhanbad Jharkhand, my hometown. But she put a transfer petition at Supreme Court. And Supreme Court has asked me to appear on July 12th. What should I do.



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     07 May 2023

You can file your objection to her transfer petition through an advocate practicing in supreme court. 

You can give the substantial reasons supporting your objections to her transfer petition as your side pleadings in your objection. 

You can consult an advocate from supreme court and proceed as suggested. 

SUMAN CHAKRABORTY (7278624428) (Legal Practitioner)     07 May 2023

Your first duty to appoint an Advocate who is practising in Supreme Court and the said counsel will appear on behalf of you on the particular date, you have mentioned here. Next is you may challenge the order of the Sealdah Court at High Court, Calcutta through criminal reviosional application for reduction of maintenance if you have a proper ground.

P. Venu (Advocate)     08 May 2023

You can contest the issue on merits. it is not always the case that wife's request would be allowed.

Real Soul.... (LEGAL)     08 May 2023

It is better to solve the issues amicably; otherwise it is just beginning , many other things might be following ,.,,,, 

Niharika Lohan   10 May 2023

Hi, Partho. I’m Niharika, a practising advocate in Delhi.

I have read your query and here are my thoughts upon the same.

The only thing that you can do is to contest the case. I'd suggest you to try and settle the dispute across table as most of the Courts are inclined towards the wife and you might end up spending hefty amount of money. Therefore, to your best avail you should amicably resolve the issue, and if that is beyond scope then you should hire an advocate with a good face value who can help with the transfer case, although, in ll probability, the wife gets favoured.  

Additionally, if you could share more details, then I can advise better.

Partho Mukhopadhyay   10 May 2023

If in most of the cases wife gets the favor for the transfer petition filed by her in Supreme Court against divorce filed by me,, shall I even try appearing in Supreme Court or let the case be ex-parte. As appearing would involve a huge cost.

P. Venu (Advocate)     10 May 2023

In a petition before the Supreme Court, there is nothing ex-parte. The Court will consider all the aspects, even if the respondent does not appear or is not represented.

You also have the option to appear in-person, if so inclined. However, due permission requires to be obtained.


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