Transfer application at allahabad highcourt u/s 24cpc
Piyush Shukla
(Querist) 02 April 2022
This query is : Resolved
The petition filed by the Learned council has several factual mistakes w.r.t. sequence of events and that too under oath and the ground made for transfer of Section 9 case is that two more cases are also pending at Varanasi Family Court.
The Respondent has to travel 800Kms up and 800Kms down for all the three dates and almost thrice a month for three different cases and once to his parents place 750Kms once a month. Whereas petitioner has to travel only 260Kms up and down for one case and once a month.
The petitioner is willing to get the section 9 case transferred to her place of living and not to travel whereas respondent has to travel approx 5000Kms in a month for all the three cases.
What can be the tenable ground for not to get the case transferred before the Hon'ble Court.
Dr J C Vashista
(Expert) 03 April 2022
The circumstances explained by you are sufficient grounds for transfer of case(s) continent to petitioner.
You have mentioned in the post, inter alia,
"The petition filed by the Learned council has several factual mistakes w.r.t. sequence of events and that too under oath and the ground made for transfer of Section 9 case..."
is vague and confusing, please re-draft the facts for consideration and forming proper opinion and advise.
Piyush Shukla
(Querist) 03 April 2022
Thank You so much for the revert Sir.
The query is that is there any ground on which Transfer application may go in favour of husband and Court may order that since he is travelling almost 5000Kms a month, the transfer will create undue hardship.
The other query is that the Counsel of wife has filed transfer application with wrong facts and cooked altogether new story other than 498A FIR. So can this be a ground or be helpful for husband.
Thanks in Advance
P. Venu
(Expert) 11 April 2022
You may bring your constraints to the notice of the High Court.
