Transfer of divorce petition
498 Exploited
(Querist) 03 October 2014
This query is : Resolved
Dear Experts
My wife filed TP for divorce case going on in HP to familiy court ranchi in SC.now there is a stay on this case. my SC lawyer says to drag this case in SC mediation cell. now my question is:
1.Will this case surely go to mediation cell in SC ?
2.even at mediation cell if wife is not agree for 1 time settlement then can i ask court for the reimbursement of her to and fro journey fare as it is very dangerous for to go to ranchi as anything may happen to me at ranchi due to the influence of her father
3. Can i switch over to live in relationship with any married or unmarried girl later on. as this case may take years however it has gone 9 months filing this case.
Dr J C Vashista
(Expert) 04 October 2014
1. Taking the case for mediation is the choice of both the parties, not mandatory, however, it is better to go for mediation.
2.The decision in mediation centre is mutual and not binding, even after agreement and before acceptance in the court, it can be backed out.
The court shall not accept payment of to and fro journey for your wife, however, it can be tried you may get a favourable order (but chances are bleak).
3.Live-in relation do not affect the outcome of the case, go ahead and enjoy.
Rajendra K Goyal
(Expert) 04 October 2014
1. Depends upon the court.
2. If no settlement, mediation would submit failure report.
3. It may result in more complicacy, avoid it.
ajay sethi
(Expert) 04 October 2014
agree with experts
498 Exploited
(Querist) 04 October 2014
Since it can not be predicted how long this divorce case will go, Can I stay with a girl without getting marry (stating her full situation) and what if child is born?
even after years if case is in her favor, can she frame me in the case of bigamy as marriage is not yet taken place with second lady?
What would be court reaction about me or second lady and child, however i have no child with my wife.
Dr J C Vashista
(Expert) 05 October 2014
Yes, enjoy your live-in relation, donot marry till divorce from wife.
However, the child of this union shall be illigitimate, which can be legitimised subsequently by adoption.
T. Kalaiselvan, Advocate
(Expert) 08 October 2014
Biological father need not adopt his own child at a later stage also. You better consult your lawyer and proceed further.
498 Exploited
(Querist) 20 October 2014
Experts, my case has gone to SC mediation cell, what next may happen if she does not arrive at SC mediation cell?
Since this div. case initiated by me on cruelty done by her and we have all the proof and witness to proove her cruelty, in this case I have already opposed her TP stating all. Still court may transfer the case to her place of choice as I have fear that she may plot a plan to kill me at her place when I go to her place of choice to contest?
Dr J C Vashista
(Expert) 21 October 2014
@ Mr. 498 Exploited,
If mediation fails the case shall be (definetly) transferred as prayed by Mrs. 498 Exploited despite the fact you have end number of evidences of cruelity committed by Mrs. 498 Exploited and your opposing the TP.
You have sufficiently been advised by the experts and nothing more to add, now consult and contact your lawyer for further proceeding and close this thread.
498 Exploited
(Querist) 04 November 2014
Dear experts
if case is transferred then can i appoint a lawyer there and he would keep on attending hearings no matter it takes years because i am working with a PSU and it is not possible everytime to arrenge leaves as i am staying 2000 km from the place of her choice. Let my lawyer attend all the hearings there on behalf of me and let this case go for years. is it possible ?
I have paid Litigation expences as well to her as directed by SC. Litigation expences paid only once or again? please advice. if she incurs expences on lawyer at her place of choice will I have to pay again any expence to her?
As suggested by expert to go for live in relationship, if child is begated out of that live in relation and if my wife comes to know about that child can she approach court for my DNA test and frame me in the case of adultry. pls advice
Surrender K Singal
(Expert) 04 November 2014
All concerns have been discussed by so many Experts; You have to take your call !
