jasmine chugh (student) 13 November 2013

Transfer of divorce petition

husband files a divorce petition in 'X' district court on the grounds of desertion (although there was constructive desertion on the part of the husband). Wife being in city Y and suffering from pancreatic cancer, files an application for the transfer of the case. she fails at district and high court levels. finally she files an SLP in the hon'ble Supreme Court for the transfer. Is the case tranferable? On what grounds? if possible, please help me with relevant case laws.

brief facts: wife suffering from pancreatic cancer---being ill, she couldn't entertain husband and take care of child---husband tired of meeting expenses---looses interest in wife---wife shifts to her parents' in another city in the same state---she leaves child with father since she could not take care of him--husband files for divorce on ground of desertion.

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Aazad Sufferer (Advocacy-Family and women oriented laws) 13 November 2013

@ Jasmine,

Your query is wrong even though this is an academic query.

1.As a case is transfered within state by order of HC and not by district court.

2. The order of SC is needed only when your x and y district are two distinct district existing in two different states.

3. The disease and circumstances you have led is a fit case of transfer , so, I don't think that Hon'ble judge will ignore the plaintiff and her pray.

4. Search on google for relevant judgements.

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