Transfer petition filed by wife in High court
Ronit
(Querist) 10 May 2018
This query is : Resolved
Hello I am the husband. My wife took transfer from SBI bank,From my place to her father's place of posting and did not informed me at all.Though I was requesting her come back but she was giving excuses like I maltreated her bla bla blah.I Filed RCR suit in the family court at my place as marriage was solemnised and last place of residence together was also the same place.My wife did not appeared for 3 hearing despite receiving notice and her lawyer was seeking adjournment without any reason.So family court judge gave LO to my wife lawyer for WS for next date.Suddelnly,after that, I got transfer petition notice from high court filed by my wife.It is written in that notice
A) Since wife is residing permanently at xxxxxxx district and working in SBI at that branch ,so husband has deleberately filed RCR to harass her
B) Wife is a permanent resident of that district
C) As distance is 150 km,she can not travel and being a Govt servent.
D) It is difficult for her to travel with 1.2 yr old daughter without any male companion
E) Due to her service commitment and her daughter of tender age she choosen not to appear before family court judge and he got annoyed and gave LO for WS
F) Marriage was solemnised on xxxxxxx date and daughter was born on xxxxxxx date
In lieu of this I would like to disclose some facts here
1) Marriage solemnised , last place of residence together,her place of working was matrimonial home i.e My place.and in her transfer petition she did not mention at all where marriage was solemnised,where daughter was born and where she was working earlier.
2) We last resided together for 1.5 yr and it is only 7 months passed when she took transfer to another district,how she can claim permanent residence of that district when she was born and brought up in different state.
3) in her petition she has shown as she is living alone but the fact is that her father is living with her.
4) She went to high court which is 120 km from her place and gave oath there so her argument that being a lady,can not travel 140 km, service commitment,no male companion,daughter of tender age itself contradict her own statement and further she has directly filed transfer petition instead of filing WS
Please advice how to proceed and provide me the relevant judgement wrt to above subject
Further I would like to know that if she has claimed that she is a permanent resident of that district,in her oath then can it be under perjury ?
Misleading and incomplete information comes under perjury?
So can her petition be dismissed for providing misleading and wrong information
P. Venu
(Expert) 11 May 2018
When the matter is in the court, let the court decide at its disruption. You can bring the objections to the notice of the courts; such objections should be based on your own constraints.
