How to stop transfer petition of divorce case
mahesh
(Querist) 28 May 2012
This query is : Resolved
already victim of 498a in retaliation of divorce ,has been managing (refusing)court summons for the past 6 months. so want to fight atleast divorce on home turf
ajay sethi
(Expert) 28 May 2012
courts generally grant application for transfer by wife
R.K Nanda
(Expert) 28 May 2012
Defend it strongly.
Adv.R.P.Chugh
(Expert) 28 May 2012
Transfer cases are too circumstantial and there is no rigid one view, though a trend in favour of women is clearly discernible from the list of cases that have been decided over the years.
Guest
(Expert) 28 May 2012
To succeed in a transfer petition, the petitioner has to prove that he/she is prejudiced due to the petition being heard at the respondent spouse's place and that the respondent spouse will not be prejudiced in turn if the same is transferred and heard at his/her place.
Having said this, the view of the courts is skewed in favour of women. Transfer petitions filed by wives, more often than not are allowed by the courts. Nevertheless, defend it strongly.
Guest
(Expert) 28 May 2012
To succeed in a transfer petition, the petitioner has to prove that he/she is prejudiced due to the petition being heard at the respondent spouse's place and that the respondent spouse will not be prejudiced in turn if the same is transferred and heard at his/her place.
Having said this, the view of the courts is skewed in favour of women. Transfer petitions filed by wives, more often than not are allowed by the courts. Nevertheless, defend it strongly.
Shonee Kapoor
(Expert) 29 May 2012
On what grounds she is asking the transfer,
It is generally done in favor of wife, but that does not mean 100%.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
