Is it possible to transfer all cases to local court

Hello,

Yes, it is possible to transfer cases to local court having jurisdiction. All cases arising out of family dispute and litigation between husband and wife can also be transferred to the local courts. Good luck.

Dear Querist,

For intra-State transfer of matrimonial cases, you will need to move concerned HC of the State within who's jurisdiction both family courts fall. However, for inter=States transfer, you will need to move Hon'ble SC. 

Grounds for intended transfer of inter-States matrimonial case, each case has to be judged with comparative hardship, convenience or otherwise, stage of particular case, Kids issue, etc. 

You may now look your case for transfer from the angle abovementioned.

Please remember, the opinion abovegoven is general. For a definitive advice, please furnish your facts.

Hi,

I am from Kolkata. I got married in 1999. Due to adjustment problem I left my i-laws home in 2003 and started staying with my parents. My husband used to visit me sometimes but never stayed for a month continuously. neither he kept any belongings of him at my house. from 2007 onwards we have never stayed together till date. Neither we have any verbal relation. Now, I am staying in Bangalore for job purpose (from 2011) and wants divorce from this dead marriage. Stating the reason of family values and status my parents are against divorce and my husband, influenced by them not ready to give me a divorce.Is it possible to file the case in Bangalore? Can I get an one sided easy divorce? We have no respect for each other and he uses abusing words against me and criticisme to my friends and I never speak a word against him. I want to settle this matter at the earliest. Can anyone help me?

Hi,

I am from Kolkata. I got married in 1999. Due to adjustment problem I left my i-laws home in 2003 and started staying with my parents. My husband used to visit me sometimes but never stayed for a month continuously. neither he kept any belongings of him at my house. from 2007 onwards we have never stayed together till date. Neither we have any verbal relation. Now, I am staying in Bangalore for job purpose (from 2011) and wants divorce from this dead marriage. Stating the reason of family values and status my parents are against divorce and my husband, influenced by them not ready to give me a divorce.Is it possible to file the case in Bangalore? Can I get an one sided easy divorce? We have no respect for each other and he uses abusing words against me and criticisme to my friends and I never speak a word against him. I want to settle this matter at the earliest. Can anyone help me?

@ Philip

Dear Querist,

In your case, it would be proper if you find out a lawyer handling matrimonial cases at Bangaluru. You can certainly for such matrimonial petition seeking divorce in Family Court at Bangaluru since you have shifted your residence wef 2011 and have intention and reasons to reside there.

Yes. you can file divorce case at Bangalore.  If he agrees go for mutual consent divorce, which will be granted in about six months' time.  Otherwise, you have to file contested divorce on the grounds of cruelty and desertion.  If he participates in this divorce case, then the case will run about 3 to 3 and half years.  If you prove your allegations, you will get divorce.

Hi All,

Thanks for quick advices.If wife filed by cases like RCR,498A,125Amaintaince, Is it possible to husband to transfer all cases to his local court?if yes how many days it it will take to transfer all these cases.Please advice.Thanks in advance.

Venkat.  Law is loaded in favor of women.  It is extremely difficult for men to get the cases to their local court unless there are exceptional circumstances.  I don't even say there is remote possibility, the chance of getting a transfer to local court by a man is almost NIL.  So many men have broken their heads searching for case laws where the courts gave judgements in favor of men when they filed applications for transfer.  You cannot even find such judgements easily. 

Hi Chandu, Thanks for ur advice but if you see above 'Chenoy Ceil' he is telling we can transfer. Do we have any cases like that? and what are the exceptional cases? Please give me example.

It is possible to transfer cases filed by wife under special circumstances and although rare it is not unprecedented. However, it all boils down to the facts and circumstances of your particular case, the way you build and put up your case and on your advocate's capability to convince the Judge.

Hope this precedent Pankaj Khapra And Ors. vs State Of Rajasthan And Anr 2003 (3) WLN 167 helps. Good luck. 

Hi Thanks for advice. In case at the time of attendings courts, wife's father and her relatives they do something like (killing),to me and parents.What protection we have to take. We are hearing from my father in law now only.Please advise.