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Kanan (IT)     27 May 2014

Please advise on divorce

Hello experts,

Exparte  divorce proceedings have been initiated against my wife who never attended court for 18 months.They always kept asking for long dates but still avoided court proceedings.

Now when i needed  to provide my evidence  they filed transfer petition in HC  to wife’s  native place

Can my wife who hails from Andhra pradesh Vishakapatnam ask for transfer the case ,Im from hyderabad,Telangana after June 2 when the two states are going to be divided



Learning

 7 Replies

Adv. Chandrasekhar (Advocate)     27 May 2014

Any party can seek the transfer of the case.  It is the discretionary power of the court after looking into the reasons, whether to grant such favour or not.

1 Like

Kanan (IT)     27 May 2014

Thanks ChandrSekhar sir.She is a well to do lady with a 3 year kid.She is showing herself as destitute and has falsely alleged that Im threatning her.Will the court accept this blindly.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 May 2014

Courts will have inherent powers. The object of inherent powers is to do justice and to undo wrong in case of abuse of process of curt fraud or misrepresentation by a party upon the court or where there is absense of rule of procedure in the circumstances of a particular cases. So not to worry about the other party.

1 Like

Solomon Raju (Advocate High Court of A.P.)     27 May 2014

After June 2nd, if both the states are working independently then you she have to file Transfer petition in Supreme Court for transfer of your case.

1 Like

Laxmi Kant Joshi (Advocate )     27 May 2014

She can take benifit of provision in the law she will get transfer the case to her native place , but she have to approach supreme court as both states are working independently
1 Like

Laxmi Kant Joshi (Advocate )     27 May 2014

She can take benifit of provision in the law she will get transfer the case to her native place , but she have to approach supreme court as both states are working independently

Kanan (IT)     28 May 2014

Sirs ,Many thanks for your response.

Can you please answer my last query - I opened a SBI  bank locker in my wifes name.The bank locker is a jont account.She leaving me from US operated the bank locker and fled with all the gold items.Is there any way I can fight this.Please advise,honestly and solemnly I tell you that there was not a piece of her jewellery in this locker.


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