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sivakumar anand (MANAGER)     23 August 2013

Transfer petition

Dear Experts My friend has filed a divorce case in TN and the trail is yet to begin. His wife lives in some other district. After more than than two years now , she has filed a transfer petition in HC seeking to transfer the case to her district. .  She is employed and have children and allof them are in her custody and going to school. 

My friend lives in abroad on a contract basis and his father is appearing on behalf of him in his home town  

Please advise as how to dismiss the petiton?

Regards

Siva 

 



Learning

 7 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     23 August 2013

Your friend has to appoint Advocate  in the High Court file counter and see that Transfer Petition is decided as early as possible. 

adv. rajeev ( rajoo ) (practicing advocate)     23 August 2013

Normall HC will transfer the petition to the jurisdiction of the court where wife is residing.

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     23 August 2013

As per judgement of Madras High court, divorce petition can be filed/ transferred to courts that are more convienent to females.

A Blank Diary of Life (MD)     24 August 2013

Agreed with the statement of adv.rajeev.

sridher (system analyst)     24 August 2013

ok rajeev ji

 

a small question

 

1)my wife filed a dvc on me in another dist(nalgonda)

2)i proved that she is residing at some other place other than their native dist.

3) the Ap high court sent a notice to her at hyderabad she recived it and signed it

4) I appealled in high court to transfer the case from nalgonda dist to Hyd or Sec-bad

5) in lower court i have filed all documents that she is residing at hyderabad

my question is that the lower court has the juridiction to hear the case?

 

my mail id:slsridher388@gmail.com

fighting back (exec)     24 August 2013

@sivkumar........you can read this useful link by adv bharat chugh for counter to transfer petition, it might be useful to you

https://www.lawyersclubindia.com/articles/How-to-fight-transfer-petition-filed-by-wife-in-the-Supreme-Court-Strategy-Judgments-5127.asp#.UhhY8dJTDao

sivakumar anand (MANAGER)     24 August 2013

Dear Experts

He does not want to get the transfer done based on the following reasons 

1. His father is very old , has health problems but appearing on behalf of him in the original court.  

2. His life will be in danger when he visits her home town court (as already he was attacked by some hooligans arranged by his wife and CSR was registered and later the case was withdrawn by him)

3 She is emloyed and a post graduate holder so that she can attend the case in the original court.  

apart from the above is there any other grounds where he can contest the Transfer Petition?

 

Kindly advise. 

Thanks and Regards

Siva

 

 


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