Notice of hearing and transfer of case

wot is she doing abroad?

for how many months/days did she lived in her last place of residing(i assume it's het parental home)

usually transfer is given to a woman in the same town where she resdided for max. time,and which which was her last place of residence.in your case i acnt comment much.

i can understand how frustrating it is,when your lawyer is not bothered and keeps postponing the dates,since i have also encountered a similar lawyer,ie, who bunked many times or was very late for hearngs.

try meeting another lawyer if it is affordable.if not,represent ur case urself,after taking consultation from another recommended,serious minded lawyer,who will help u file a suitable reply.

Transfer of case :

If  both the place i.e the place where the  petition is filed and your place of work(where you want the case to be trasferred ) is in the same state then the application may be made to appellate court for transfer.

If both the place are located in different state then to Supreme Court.

Take full responsibility of your case, and do not  depend on lawyers too much. You have to work much more than your lawyer for dealing with your case. Keeping track of dates, and the proceeding detail of each hearing, you need to be alert. If your advocate does not appear with you or appears late, you be in time for the hearing and present yourself without your advocate.

If your advocate is  irresponsible, which it seems to be , then as Roshani suggests change your advocate. 

If you are really interested to divorce your wife then file an objection giving consent for the divorce.  If you are not interested then file an objection taking a contention that this court has no juurisdiction.  On the ground of jurtisdiction her petition will be dismissed.  Or court may direct her to file in the proper court.

Thank you all for a speedy response with sympathies and concern. To give a quick background - I am in Chennai, Tamil Nadu and where the case has been filed is in Trichy, Tamil Nadu. My wife before leaving India to pursue with her profession in the beginning of April 2009, stayed with her parents for a year in Trichy. Before that she was abroad for little more than 7 years (we were together for 6.75 years in abroad).

The appellate court in this case will be Chennai High Court, I believe based on Ms. Lalitha's reply above. As the case has been filed in Trichy by my wife (where I am the defendant), what is the procedure for me to get the case transferred to Chennai/Chennai High Court?

As the lawyer has not be responsive enough, what is the procedure for me to switch lawyers. I think to do the switch, I have to go through the current lawyer? Am I correct?

If I am appearing as a defendant in my lawyer's absence for next hearing and my wife is not appearing and her lawyer may or may not appear in the case during next hearing. Will the Judge conduct the case/hear my side? During that time, can I make the request or get to know the procedure for transferring the case to Chennai?

More than the divorce, I am interested in visitation rights/spending time with my only son who is around 5 years old. I have hardly spent any time with him (now that he is abroad along with his mother for 2 years), since July 2007. I am not able to get this done. What I am looking for is considering he is studying abroad, to spend time with him say 2 or 3 times a year during his vacation/school break, a period of a week or 10 days each time. Is this a reasonable expectation? How much time will it take if I file a case with this request to get it passed by the court?

Last but not the least, if there is anyone in this group, that would be interested in helping me/taking up the case, please provide your contact details in this forum/my e-mail. I will be sure to be in touch with you.

Thank you all for your guidance and service.

If  both the place i.e the place where the  petition is filed and your place of work(where you want the case to be trasferred ) is in the same state then the application may be made to appellate court for transfer i.e. file the Misc. Civil Application in the High Court 

If both the place are located in different state then to Supreme Court

hi kris,

     if the divorce petition filed in trichy but she is not even residing there, the you have a chance for getting transfer the case to some other else as you wish. in this regard  trichy district comes with in the jurisdiction of the Madurai Bench of Madras High Court, Madurai.

if you wish to transfer the case between the Madurai High Court jurisdiction, then you have to file a  Transfer C.M.P petition before the Madurai Bench.otherwise you have to file the same before the principla bench at Madras.

secondly if the proceedigns are statred by your wife, then you may file your counter for the petition and contest the case. in the case that your wife has not appeared for several times, then you may file petition before the appellate forum for speedy disposal of the divorce petition.
 

all the lawyers will pull the case for money mind, there is no any genein lawyers even the court also has some formalities to go for few more compromise 3 times if not another 3 more times until the woman was tortured by your lawyers and her lawyers and judges. this is bullsh*t divorce method used in indian hindu marriage act.