Family

Guest (Querist) 12 October 2012 This query is : Resolved
Q) my wife has filed petition for transfer of case of divorce from jammu J&K to punjab . i want to know that in j&k it is r.p.c (ranbir penal code) can it is possible under H.M.A to transfer case ? does s.c is linient towards woman/ or it consider facts of the case? shd i also file petiton for transfer of domestic voilence case in s.c to transfer case to jammu which is filed by my wife at punjab?

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Guest (Expert) 12 October 2012
Yes it is possible to do that.

The SC is normally very lenient when it comes to such transfer petitions. More often than not the case is transferred to the place where the wife resides. Don't go for a transfer petition in the SC. It will not be transferred unless the balance of convenience is really in your favour. Rather contest her transfer petition in the SC vigorously.

Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court

Adv.R.P.Chugh (Expert) 12 October 2012
There are a lot of factors that go in deciding a transfer petition. Though normally it is a discernible trend that SC normally favours the woman. However SC has also recognised in a case that leniency shown to women in transfer petitions is being misused a lot. SC has also in a lot of cases commented that unfounded apprehensions/lack of means are not sufficient in themselves to get a transfer.

Supreme Court's power to transfer is enshrined in Section 25 of the CPC.

You can also file a parellel transfer petition. How successful it would be is a moot question depending upon a lot of factors.

Good Luck !

Bharat Chugh
Advocate Supreme Court of India

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