kunal 07 February 2015

Section 9 transfer case in supreme court

Dear Members,

My ex left for her hometown after 6 months of marriage without any reason. Post that I made multiple attempts to convince her to bring back. When she didn't give any response, I filed section 9 (RCR) in my city. Post which she has filed for maintenance under section 125 and also transfer petition in Supreme court for transferring the section 9 case from Ahmedabad to Indore.

I have received the supreme court notice for the next hearing date on 9th March. I would like to understand the following:

1. The notice mentions "You may file your affidavit in opposition to the petition as provided under Rule 3 Order XLI, S.C.R 2013. What is this affidavit, I am unable to get any details of this on internet? Does this need to be filed in person or can be be sent via registered post? Is it mandatory to file this affidavit for the case to be heard on the next hearing date?

2. Regarding mediation, the notice mentions that the facility of amicable settlement of disputes by trained mediators in cases pending in the supreme court is not available in the Supreme Court. So I would like to know, if i can request for a mediation in Supreme court?

Thanks to the group members for their help.

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3 Replies

fighting back (exec) 07 February 2015

first of all, you need to hire a lawyer, or fight your case in person before the SC, but i would like to know, did you intend to file RCR with the genuine intention of bringing her back, or did you file RCR just for escaping maintainene?

give an honest answer, 90% of RCR cases are filed by men just to escape maintainence,, but you should realise that maintainence cannot be escaped from. you will have to have to pay maintainence.

keep one thing in mind, you cannot force her to come back to your place,even through the court. so it would be a futile attempt to fight it out in the court, pay huge lawyer fees and then cry in despair. the court cannot enforce the RCR decree on any spouse. so divorce is where you are heading towards....................

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kunal 08 February 2015

My intention to file the RCR was to understand the reason for her such behaviour as there were no issues between us till the time she went to her parents place. We were even interacting for about 1-2 weeks after she reached her her parent's place. In my case the case of maintenance was filed after the RCR case was filed. May be you are correct in your assessment that the relationship could be headed towards Divorce. But given the circumstances, I will have to fight the case and so Needed the guidance,

Adv k . mahesh (advocate) 10 February 2015

it better to fight through a lawyer in supreme court for transfer petition

affidavit means you version in writing to be submitted in the court through a lawyer or in person but supreme court needs very careful step being from state to state

and why not go personally and discuss with her and resolve the issue before filing the affidavit

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