Transfer of divorce case within a state

Originally posted by : kalyan

XXX

We have a 2.5 year old daughter who is presently with my wife. My questions are:

1. Can my wife ask the pudukottai court to transfer the case to chennai?
Take: She may but sometimes wishes are not horses!

2. Can she file 498a after the court hearing starts?
Take: She may if you have tortured her or as per directions of her family / advocate / divine gyan or society she keeps.

3. Can she show the child as a valid reason for transfering the case to chennai?
Take: it can be used but offer her conveyence money to come to yoru Jurisdiction that way her allegations will get neutralised.

4. Will she need supreme court judgement for transfering the case?
Take: No. It is within State and for the same she may take help of State HC's citations. .

5. According to CRPC 125 the compensation is subjected to maximum of 1500 rupees. if she ask for higher compensation, could i highlight it?
Take: Read Judgment of SC of 2011 which I reminded another queriest just last week. No there is no more ceiling of 500 or 1500. Which translates "sky is the limit" 

6. In addition, may i tell in the court that compenastion should not be decided based on my present salary because compensation is given to her to fulfil her essential and basic needs, not for her luxurious life?
Take: Actually S. 125 CrPC law says so. You / your side may argue accordingly.

7.Is there any chances to seize my passport? As i am working with a private company, if i take more holidays or did not report to duty for long time, they could cancel my contract and i may lose my job.
Take: NO. Passport is seized by Passport Authorities and that is a long drawn allowing issue by her from the Court concerned,  right now I don’t see such need based on reading down your brief. Your presence in Divorce / RCR / S. 125 CrPC is required only during evidence stage which your Advocate should tell you. Before that he should take exemption of appearance from respective Court of your presence citing your non-availability since working overseas / job may get terminated and then she may not get maintenance etc. and he should from you take before each dates instructions. Generally Court grants such exemptions if valid grounds such as that you have are shown persuasively by an advocate of a husband litigant. 

BTW, since both of you have a child out of the wedlock any thoughts on child custody / visitation from your side?