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Jaya (Lead Infrastructure engineer)     09 December 2011

Divorce case transfer

Hello all,

Husband - Petioner

My Sister - Respondent

My sister husband(Petioner)  had filled a Divorce for seperation.Sister marriage took place in Chennai and also 

marriage is  registered as per Hindu Law in Chennai. My sister matrimonial house is also in Chennai.

My sister husband had registered a HMOP in kanchiperum SUB court  which is 80 km away from Chennai.

My sister is having 3 years old child(Female).

Since she is mother of 3 years old child she feels  very difficult to appear in kanchipuram court for each hearing.

 

.She have any rights to transfer the case to Chennai?

We have following proofs related to matrimonial house where both  lived together for 2 plus years.

1.Ration card (Family card)

2.Husband Bank statement.

Thanks all.....

Jaya shankaran

 



Learning

 10 Replies

rajiv_lodha (zz)     09 December 2011

Apply for TRANSFER APPLICATION at HC. There are very many chances that ur case be shifted to ur place for the CONVENIENCE OF WIFE

sridhar pasumarthy (ADVOCATE)     09 December 2011

Yes, I agree with rajiv_lodha

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 December 2011

Agreed, nothing more to add.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 December 2011

Dear Jaya

I also agree with above opinions

Jaya (Lead Infrastructure engineer)     11 December 2011

I forgot to mention one point.My sister husband is havining spinal cord problem.

He undergone multiple surgery's  for last 2 years.

He can walk with the help of stick and also he is working in a reputed  MNC company with good salary.

With the help of medical grounds can he retain his case in Kanchiperum?

 

 

Thanks All.

 

galsober@yahoo.co.in (def)     12 December 2011

Then lady, he will put weight to block ur TA.

Court will decide on merits...........Ur side still has more chances to succeed, rest is God's will!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 December 2011

Then the court would most probably decide in his favor and would ask him to re-imburse travelling expenses to the lady.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

P V Namjoshi (pvnamjoshi@gmail.com)     17 December 2011

Is there any rulling which says that wife can get the case transferred to a court where she resides?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 December 2011

It is not a rule but generally courts are lenient to transfer to the wive's jurisdiction.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

P V Namjoshi (pvnamjoshi@gmail.com)     21 December 2011

Go through SCC 2008, Vol. 17 and see three leading cases.


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