Transfer of case
Mrunmai Deshpande
(Querist) 08 November 2013
This query is : Resolved
I am a young man of 37 years of age, married and have a son of 3 years of age staying in Mumbai. After marriage I suffered from paralysis of both legs and hence I had irregular income. My wife had deserted me 3 years back and currently she and my son are staying with her parents at Pune. She is working there and earning a salary of Rs12000/- pm. Now I have fully recovered from paralysis, though I am still under medication and medical observation which may continue for years. I have started working also. As my wife has deserted me and not interested in coming back I want divorce from her. When I requested her for mutual consent divorce, she refused it. She even threatened me that if I file a case for divorce she would file a case against me for mental torture and harassment in Pune court. I have a query –
1. If I file for divorce in Mumbai Court, and If my wife request for the transfer of the case to Pune, how can I go to Pune for the case. I can’t afford to stay in Pune for financial reasons and new job. Please advise.
ABDUL RAZIQUE
(Expert) 08 November 2013
you can file appeal for not transfer the case due to your health and safety.
Rajendra K Goyal
(Expert) 09 November 2013
Agree with the expert, let the court decide the matter.
Raj Kumar Makkad
(Expert) 11 November 2013
Generally matrimonial cases get transferred at the place wherein wife is residing on her application. If you do not want it to get it transferred then definitely you shall have to pay DA & TA to your wife for the days of hearing.
V R SHROFF
(Expert) 12 November 2013
It gets trf to wife's residence,
she can get HC Bombay order.
