LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

estranged wife (Housewife)     05 January 2017

Need supreme court judgement regarding transfer petition

hi,Happy New Year to all.

Can someone please let me know if there has been any judgement where a divorce case in advance stage was tranferred by supreme court to city where wife resides? .I have filed a  transfer petition in supreme court for transfer of my divorce case to the city where i am residing with my mother and husbands lawyer has submitted objection saying case is in advanced stage as husbands evidence is over so transfer not justified.I have filed for transfer on genuine medical grounds of my son(knee joint problem diagnosed recently which restricts his ambulatory movement and my illness(renal issues) and the fact that my widow mother is who is brain cancer patient is terminally ill.



Learning

 11 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     05 January 2017

There are many, Google it. Although it depends on fact basis.

 

Kumar Doab (FIN)     05 January 2017

MCD is better option.

Protracted litigation is not everyone's cup of tea.

Decide your terms and settle down with estranged spouse and focus on your future and child.

 

 

Kumar Doab (FIN)     05 January 2017

Your own counsel shall choose the citations and counter OP.

Try to get employment and covered by ESIC.

ESIC can cover the ailments mentioned by without any limit.

It does provide payout during unemployment and coverage after retirement against very nominal contribution.

Mukesh sharma (job )     05 January 2017

Hi if you find there some case like on it indiankanoon.in and also you visit supream court website where you find all type case 

but here i req to yoou go for MCD it is easy and time saving option for you and save your money too settle with your  husband and decide what you want and file for MCD in court and got divorce easly 

thanks 

dr g balakrishnan (advocate/counsel supreme court)     21 April 2017

sorry sir, courts always grant wife;'s plea to transfer so hon  SC would grant her so don't waste precious moneys in meaningless litigation, make some one as yr POA holder to represent you in that place ; when u r called u better attend that is solution - before indulging indivorce proceedings always grooms need to be careful else you waste a lot of moneys in litigation, better pay that cost to that lady only that is prudence  tks

dr g balakrishnan (advocate/counsel supreme court)     21 April 2017

your husband surely lose in the ct need not worry mdm.

dr g balakrishnan (advocate/counsel supreme court)     21 April 2017

u can get 25 % of his salary as alimony per today's justice bhanumati judgement in WB case.  u cannot get hefty limony otherwise, if you look for hefty alimony. tks mdm.

dr g balakrishnan (advocate/counsel supreme court)     21 April 2017

divorces can never  money churning proposition to ether  please, it says never attempt divce for any reason, that is prudence, govt failed by promoting 'divorces' by the so called law makers in the garb of MLAs or MPs, they only upset the culture inspite of Art 25 as fundamental right to preserve the relevant religious culture ; none is authorised to alter the culture;so better force husband to provide by sensible work al women need to remain at home and work at home or even talke home based occupation why to unnecessarily travel and face too many risks daily in day to day life. tks.

sai narayana   26 April 2017

what you said in your post is true, then you have high winning chances but you should submit documentary proofs in court because the case is in advanced stage.

dr g balakrishnan (advocate/counsel supreme court)     26 April 2017

Genuine cases of cruelty may work for divorce cases -  before divorce u can choose to stay out out of mrrimonial home and file s/125 cr p. c case for subsistance that is almost 50% of yr spose's income , why you need to run for dvorce - it is indeed not ideal ; if your place of new rexidence in the same state of yoiur matrimnial home, you can move the very jurisdictional high court to move yr case to your convenient location any H C grants to women; men may not get; actually if male spouse is sensible e neds to understand mariiage is mutual acceptace in al aspects of living, none can force on the other, one needs to understand ; till one understands don't get into marriage or wedding or love and the like is my considered view pls. 

dr g balakrishnan (advocate/counsel supreme court)     26 April 2017

govt statutes indeed always thoughtless; that is more a problem for brides and bridegrooms. lawyers need to argue in this front too, not just be slaves of the so called meaningless statutes, courts hear this kind of submissions and if you move some sections need  to be severed or if the statute be declared nell and void and be set aside - if not confused couples land in meaningless litigation -litigation is advantageous to legal community ut not to the petitioners or respondents.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register