Rcr - divorce - transfer

Interesting thoughts!

But,

Nowhere you mentioned out of two diametrically opposite (sort of) cases between spouse what exactly you want ? Means RCR or Divorce or matrimonial harmony. See with reverse engineering practices matrimonial cases gets solved and not by leaving things in hands of Judiciary or be that matter to GOD are my opening observation after summary reading your presented brief.

However,

1. Chances of Divorce case at BLR (Bangalore) going ex party procedure way are writ larger compared to seeking differment in counseling season at MAA (Chennai) on conciding dates. So my opinion is that if you are based out of MAA then tomorrow approach concerned Counselor and request for differment of next date of counseling showing next date of hearing is at BLR Court where you are defendent party. Counselor may oblige but may tell you to convey at your risk to other party. For the same send her phonogram with true copy receipt from any one of the Indian Post Phonogram Office in MAA. Your both purpose may assumed to be solved with these stokes.  

2. The plans as laid by you we read clearly but have you visualized that it will be called as Intra – State Transfer of a Civil case and only Hon’ble Apex Court has that power and for the same good money is needed to hire and file one in Delhi where Hon’ble SC is and on few dates travel itinerary are to be set to come / return to/from Delhi coupled with mounting STD calls to appointed AOR as to status of filing followed by hearing dates and sometimes the case no. does not even get heard before Hon'ble Bench and it sorts of frustrates out-station litigants hopefulls?

3. If you are comfortable with that then here are the catch proposed for your litigation diary;

- Normally Hon’ble SC dismisses such Transfer pleas in flat 20 seconds if filed by a Husband and passes Order in favor of wife though in one of their earlier decision they made a very critical note against all women litigants who squat before SC with transfer pleas but that is all about Hon’ble SC respected wisdom.   

- The Law on matrimonial Jurisdiction on right to sue says two things;

One – where wife currently lives and if she is petitioner she has right to file there marking it as her Jurisdiction. Since she is petitioner to a Divorce suit and ir-respective where marriage took place or where both of you last resided or from where her EPIC card made she has taken shelter of this unique sub para of Law and marked BLR as her jurisdiction to sue you.

Two – the other peculiar fact which you may notice in due course of time if actually she lives there or not is that if all Court Notices she is accepting from MAA Court and all Notices were served upon her “Divorce suits Memo of Party” Address then normally no other Court takes note of transfer plea cried loud by an Husband. Moreover you say and I quote you here she has already attended two counselign seassons in MAA so that means she is aware of such Notices for counseling and has obliged you.

4. If you think by making her run say boarding Shatabdi Train for 5 hrs. commuting from Chennai / Bangalore you achieved victory then first get convinced ld. Bench at Hon’ble SC with effect Transfer of her Divorce Case then let us see about all that interesting thoughts in yoru brief.

5. Intra - State Transfer of Cases in favour of Husband happens if you / your AOR are able to convince ld. Bench at Hon’ble SC on some or all or just one persuasive counter point from below short list;

First try to understand the typical grounds taken by wife in the transfer petitions before Hon'ble SC and some of which are as below;

- Having a child.

- Travel is unsafe being a lady.

- Expenses required for travel.

- Threat to life at Husband’s place.

- Husband is very influential in his place.

- Inconvenience to travel long distance.

Counters from Husband side for above 1 till 6 grounds could be discussed with case laws as and when Chamber discussed accordingly J

That is for the time being to know about reverse engineering in raised matrimonial situation J.

Second time usage of BUT

- no harm trying budging a lady who knows such digs by her lovely husband may come fruitful in settling their matrimony afterall ?

All the best, if it helps.

Savvy !

I spoke to my advocate, My advocate says that we can apply for transfer in chennai high court. The advocate told not to attend the bangalore case on 25th september. Instead attend the counselling session on 25th september.. possibly suggested on health ground i wouldn't be able to travel to Bangalore and ask for transfer.

Would the above work??? expert advice please... ??

1. Today morning at breakfast my school going daughter told me that Chennai is in Tamil Nadu State and Bangalore is in Karnataka State of India upon quizzing her which she found rather dumb coming out from me !.

2. Then I asked my chamber munshi and he showed me S. 25 CPC which reads as follows;

25. Power of Supreme Court to transfer suits, etc.

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]

3. I have not put any application of mind while replying to your second query as I am solely dependent upon my daughter and my chamber munshi's reply, now that right I am giving to your Advocate to clarify. You may follow him or me or fix any third person to solve your second query before us as I am not an expert now.

4. If you like you may show above reply of mine to your Advocate and also ask on my behalf should I terminate job of my munshi or give him a Diwali raise !

Thanks for the reply.. Finally I've decided to go and appear in Bangalore for the case and I'll get a different date for RCR. 

he he

Now, consider deducting Rs. 1000/- from your current advocates fees as that is "cost" of public legal forums bandwiddth usage "cost" in my view when we apply application of mind to a reply which first you disagree and then you come back agreeing to what is correctly replied first and now consider donating this "cost" to legal cause of your liking in LCI just bze you got saved paying huge legal fees for thinking of going to Chennai HC for a matter of Intra-State transfer as per bald advise of your current advocate which only SC has power not Hon'ble HC's. J