Divorce
Querist :
Anonymous
(Querist) 07 December 2011
This query is : Resolved
Hi All
I have filed a divorce case in x place where we were staying.but now she is studying BE in y place & but her native is z place.Whether she can transfer the wherever she want.or she can the transfer the case to only one place.I dont want to transfer the case to her requested place how can i fight against this.
Nadeem Qureshi
(Expert) 07 December 2011
According to sec 25 CPC SC have right to transfer the case from one state to another state, gernally the court transfer the case in netive palce of girl on girl requested.
you hve not mentined that the case is pening & native present place of the girl is in same state or diffrant states.
feel free to call
ajay sethi
(Expert) 07 December 2011
she can make an aaplication for transfer of divorce case . generally the courts look at wife request sympathetically as it would be difficult for her to travellong distance etc and in the interest of justice
Shonee Kapoor
(Expert) 07 December 2011
Correctly stated by both experts.
However, there are ways to defend it, not that they work everytime.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 07 December 2011
It depends upon court to see whether it is appropriate to transfer or not. You can resist the transfer application but beware that if she comes to your place, you shall have to pay her traveling expenses and daily allowance. If you are ready to pay then court may not transfer it.
Devajyoti Barman
(Expert) 07 December 2011
Generally the court does not transfer the case of it finds that the place is not the ordinary place of residence pf the wife.
V R SHROFF
(Expert) 08 December 2011
Sec 19(ii) of Hindu Marriage Act, 1955 alow the petition to be presented within the local limit respondent normally reside.
Now in your case, she is in BE, and hence, normally reside where she study, and not to disturb her studies, Court can transfer the case where she normally reside & study. i.e "Y"
