Regarding tranfer petition filed by my wife
Vijay Anand
(Querist) 15 October 2018
This query is : Resolved
I am a residence of Bihar. I was married in May 2017 and i filed divorce petition in April 2018 on the basis of cruelty and other issues in Family Court Ernakulam. Now my wife has taken a stay on the proceeding by giving false reasons such as �She has never resided with me at Ernakulam so how can I file a divorce petition in Ernakulam and also filed transfer petition saying that she will face a lot of difficulties in travelling to Ernakulam as it is very far and costly too�. But I have all the proofs that she has resided with me at Ernakulam. What should I do so that my petition does not get transferred as there may be danger to my life also at her place. Because even my family members has gone against me.
Vijay Raj Mahajan
(Expert) 15 October 2018
The usual practice in such cases is that the cases are transferred to the station/district where wife is living at that particular time.
Rest is your luck before which bench/judges your transfer petition is fixed.
Advocate M.Bhadra
(Expert) 15 October 2018
provision for filing divorce suit :------------Section 19 in The Hindu Marriage Act, 1955
Court to which petition shall be presented. —Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
41 [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]
Jurisdiction of the Court If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel, AIR 2003 MP 189.
The Supreme Court has to the powers to transfer of case from one state court to another state court when filed with in the others state. The High Court has to the powers to transfer of case from one court to another when filed with in the same state.
Dr J C Vashista
(Expert) 16 October 2018
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