Krishnaya vasudevaya (--) 01 January 2015

Transfer of section 125 case filed by wife

I got married in 2012 in Bhavnagar gujarat. Me and wife were living together in chennai for the past 2 years. Wife left me 2 months back and filed section 125 case claiming maintenance. Since the last state we were living together was chennai. Can i file a petition in high court in chennai to transfer the case from Bhavnagar to chennai family court. Please let me if this is possible. The first hearing is scheduled on 9th February 2015. Can i transfer the case before the hearing.

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2 Replies

harrassed (SE) 01 January 2015

@author, Typically the court would favour the convenience of women in these kind of cases. The chances of you getting the case transferred would be less. Please consult an local advocate to get his/her views. Good luck

fighting back (exec) 01 January 2015

transfer petition in your case can only be filed in the SC, in your case, as it involves 2 states, only sc can decide on the transfer petition. in my view, it is a useless excerise by spending more money on lawyers. even if you manage to transfer the case, you will end up with a huge lawyers bill for fighting your case in SC, and also you cannot run away from maintainence even after transferring it. so weigh your pros and cons before applying for transfer, you can fight transfer on several grounds, claiming wife is able bodied, able to travel alone as having no kids. offering her travel and lodging expenses. and citing your job at stake reason because of frequent leaves from office. SC will weigh your case and decide