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vagrav   19 March 2015

Divorce case transfer

Hello Gurus,

 I filed divorce case in 2012 as my wife refused to live with me, between I didn't file Divorce directly, initially I filed conjugal rights in later 2010 , I withdraw Restitution of Conjugal Rights Case as my wife agreed to  live with me however she never turned back more than 1 year and hence I filed Divorce in 2012 in Chennai High Court. The counseling is still happening with no use, meanwhile my wife filed Transfer Case to her Native Madurai. She was employed in an IT company at Chennai and  transferred her job to Madurai on purpose without intention to live with me, I have a Boy baby kid around 3 years.  In this situation please advise me if the Transfer of case is possible from Chennai to Madurai? because her father is politically highly influenced and incase if the case get transfer to Madurai there will be no genuine justice.



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 March 2015

Sir, Your wife have to satisfy the court about the grounds on which she is seeking transfer of her case .... U oppose it and make sure it should get transferred... Throw your dice before the court and ask her if she want divorce the go for the mutual consent .... Because she cannot say that she wanted to live to gather, as earlier also she has left you with out any reasons and there is no bonafide in her saying so ...... Regards Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     19 March 2015

its possible to transfer the case from chennai to madurai by applying a petition in high court.you may file a caveat in the high court

vagrav   25 March 2015

@Kapil Chandna/Saravanan thanks for your reply.

 

@Kapil Chandna -Yes your right in front of court I clearly said I have already filed Restitution of Conjugal Rights Case where she agreed to live initially and refused after case withdrawal.

 However in present situation counselors and judge wish to give a chance to her to live together again. Behind the court lot of things happened to rejoin however she refused to come and I am very clear my life will not be good if I rejoin again with her conditions. My wife not ready for mutual consent as well, She challenged me in counseling, like she will not give divorce and let me to life happily   she is very clear to drag the case with her father(advocate) input . My concern is will the case drag until she comes to an agreement?  Thanks all for your comments and feedback


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