Transfer petiton
Guest
(Querist) 04 December 2012
This query is : Resolved
Q)my wife has filed transfer petiton in supreme court for transfer of my divorce case. today was my hearing nd according to my lawyer court order me and my wife to present on next hearing. i am confused for what reason court order my presence?is it neccessary personal appearence in such case? does court send me summons? what happen if i wont appear? plz reply soon
ajay sethi
(Expert) 04 December 2012
court must be exploring possibility of reconcilation . wife must have raised apprehensions if tiral is not transferred to place near her resdence . may be she apprehends danger to her life . it must be inconvenient for her to travel on each date of the case .
trnasfer petition is generally granted by supreme court
Sumanth Nookala
(Expert) 04 December 2012
Usually supreme court grants stay of trial and Notice...u can appear through counsel
If the order asks for your personal appearance it may be for referring the matter to Supreme Court Mediation center to explore the possibility of Settlement.
which judge was it?
Guest
(Querist) 04 December 2012
G.S SINGHVI
what type of settlement you want to say?
Raj Kumar Makkad
(Expert) 04 December 2012
As per your lawyer, your presence is must on the next date of hearing so get personally appear there and confine to your allegations. What more you require?
Non compliance of order of Supreme Court of India is not good for you.
Guest
(Querist) 04 December 2012
Q)does that mean if case is gone in mediation centre of s.c my divorce case is transfered to supreme court? what type of settlement you are mentioning
Raj Kumar Makkad
(Expert) 04 December 2012
Your case shall not go to supreme court but definitely SC shall try to make you both to come to a conclusion either to remain with each other or to get mutual consent divorce so that the bitterness may be ended.
Guest
(Querist) 04 December 2012
Q)if there is no conclusion in mediation center of s.c then? moreover what is the maximum amount of permanent alimony to be given if marriage is dowryless?
Sumanth Nookala
(Expert) 05 December 2012
If there is no conclusion in Mediation Center, Transfer Petition will be decided on merits. Ofcourse Supreme Court can invoke Article 142 and pass appropriate directions.
Permanent Alimony will be fact based depending on the capacity of the parties. The ultimate objective would be to ensure that spouse can lead a dignified life if not luxurious.
Raj Kumar Makkad
(Expert) 05 December 2012
In case no solution to your problem is arrived at before Hon'ble Supreme Court then the transfer petition shall be decided on merits and so far as amount of permanent alimony is concerned, it depends upon many factors to decide.
Nitish Banka
(Expert) 18 August 2017
Transfer Petition Supreme Court Recent trend
Posted by: nitish788 Categories: Uncategorized
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Transfer Petition Supreme Court Recent trend
These days Hon’ble Supreme court is not lenient in allowing transfer petition in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam
In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below.
17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.
18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-
i) Availability of video conferencing facility.
ii) Availability of legal aid service.
iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.
iv) E-mail address/phone number, if any, at which litigant from out station may communicate.
Therefore the aforementioned guidelines were issued to all the High courts to make arrangements for video conferencing instead of transferring the petition, therefore dismissing all the transfer petition filed in the Hon’ble Supreme Court.
transfer petition के लिए चित्र परिणाम
But recently, I was successful in admitting one of my transfer petition in Hon’ble Supreme Court on the ground that the proceedings were vitiated by fraud.
In that proceedings the husband has deliberately filed the petition at a far off place only to harass the wife. the Hon’ble Supreme Court accepted this is a valid ground for entertaining the petition and issued notice.
There can be other grounds as well like-:
a. Manipulation of court records.
b. Attack on wife.
c. Petition filed to harass wife
d. Petition filed without jurisdiction by reading petition only.
For husband the judgement of Krishna Veni Nagam vs Harish Nigam is a valid defense for husbands for defending transfer petition supreme court.
By-:
Advocate Nitish Banka
Supreme Court of India
