Transfer Petition

Querist : Anonymous (Querist) 02 October 2010 This query is : Resolved
Facts: Husband files for Divorce on grounds of Cruelty say in Pune.
Wife files for Divorce after about 20 days in Delhi on the same grounds of Cruelty.
Wife then files a TP in SC during the vacation and gets an ex-parte stay for proceedings in Pune.
Husband yet to file a WS at Delhi

Question: Is it possible for the husband to pray for a stay on proceedings initiated by the wife at Delhi without filing a seperate TP. Such prayer for stay is it possible to make in the counter affidavit / reply to the Transfer Petition of the wife or by way of moving a Notice of motion?
Answers are solicited from those well versed in proceedings at the SC and an ernest request to all please desist from academic flirting just for the sake of answering the query
Thanks a lot to all those who'd choose to answer

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nayan joshi (Expert) 02 October 2010
can u tell me, who served the notice first.. husband ? or wife ? any way there is no remedy for husband in HMP/CRPC/Domestic Violence act.

there is no. of cases decided by supreme court for wife's convenience.she always stated I HAVE NO INCOME SOURCE/I M TOTALLY DEPEND ON MY PARENTS. Sympathy factor is very strong for wife..

So, this is my advice for husband don't go for stay, proceedings initiated by the wife at Delhi..

you should established your case and ingradiance (Cruelty)..

Amita Chaudhary (Expert) 02 October 2010
well you cannot ask for stay of proceedings in Delhi divorcee matter in the Transfer Petition filed before SC for Transfer of Dovorcee proceedings filed in Pune...so no question of asking a stay in counter or reply

as both the cases are different and a sperate TP can be filed and stay can be obtained...

well file your written statement in Delhi taking up the plea that the petition filed at delhi is an afterthought...

my experience at Superme Court is that the Courts are in favour of transfering the matter to place of residence of wife unless you can show to the court that the witness to the cruelty are at Pune and would not be possible to lead proper evidence at delhi as the witness wont travel..

one more thing you can do and take up is that see you wife's petition for cruelty.. does she mention the incident that happened in pune or some witness that she is relying on are from pune... in case only vague averments wont help either you or her as its word of mouth aginst each other.. best of luck...

Kirti Kar Tripathi (Expert) 02 October 2010
I agree, generally in matrimonial case, the courts transfers the case, where wife resides, so it is better not go for transfer of the case and pursue your case at Delhi.