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Indian sufferer (professional)     21 July 2013

Transfer petition

MARRIED IN 2008 WITHIN 85 DAYS WITHOUT INFORMATION SHE LEFT HOME STAYING WITH HIS PARENTS ,MY PARENTS WENT TO CALL BACK SHE ACCPTED AFTER SHE GIVEN POLICE COMPLAINT I AM HARESSING  BY THAT TIME SHE IS PREGENET. THEN I HAVE FILED RCR ALSO SHE NEVER ATTENED FOR ANY EARING.

 I WENT TO POLICE STATION  FOR ENQUIRY SHE UNABLE TO PROVE HIS COMPLAINT IN WRITEN STATEMENT SHE TOLD I WILL JOIN HUSBAND AFTER DELIVARY.

 WITH IN MONTH SHE FILED 498A DV 125 24  BASED ON HIS PETITION I HAVE TAKEN BACK MY RCR.

DV CASE DISMISSED IN 2011 SESSION COURT ALSO DISMISSED.BASED DISMISS I HAVE FILED DIVEROCE I MY PLACE NEARLY 30 KM AWAY FROM HER PLACE SHE HAS FILED ALL CASES IN HIS NATIVE.

TO DRAG DIVERCE CASE SHE WENT HIGH COURT TO TRANFER DIVERICE CASE.

WHAT IS WAY TO AVIOD TRANSFER FROM HIGH COURT BECASE  SHE WANT MIX ALL THE CASES IN HIS NATIVE DIFFICULT FOR ME GET DIVEROCE.

 



 5 Replies

Chetan Joshi (Advisory/Advocacy)     21 July 2013

If she has strong ground, she will get the transfer.

Adv k . mahesh (advocate)     22 July 2013

if already she had filed in high court then you can file couner stating the facts and stress not to transfer the case and also enliten your problems and the company is not giving leaves and you may loose the job if it is transferred 

prakharved (Medical officer)     22 July 2013

@surya

 

It depends on what grounds, she is asking for the transfer petition of the case. Please specify that. Usually, the court is more sympathetic towards the woman but there is a fair chance for it to be in your favour if effective counters are given.

 

Regards

ashoksrivastava (scientist)     22 July 2013

@Surya you have made a big mistake by withdrawing rcr case after 498A was filed,considering the fact that she is not inclined to rejoin. You should have won rcr and filed divorce after 1 year of passing of decree.In that case HC Would have been more favourably disposed to you. It would also have helped you in AB and crpc125 till divorce is decreed.RCR is the only tool available to husbands and if handled skillfully it can yield great benifits in many cases esp. when wife doesn't want to resume cohabitation . Regards ASHOK

vijay (M)     22 July 2013

by default transfer petitions are given in favour of woman unless you prove very stron grounds other-wise.


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