I wanted to know how will a transfer petition be drafted by wife to bring suit in her state while husband has already applied for judicial separation in his state.
I would really appreciate if a draft could be shown or its format.
aman (intern) 03 June 2014
I wanted to know how will a transfer petition be drafted by wife to bring suit in her state while husband has already applied for judicial separation in his state.
I would really appreciate if a draft could be shown or its format.
Dr J C Vashista (Advocate) 03 June 2014
Mr. Aman,
Seek guidence of your senior advocate, this is purely an academic query. I can let you know on meeting if you are located in DelhI/ NCR
However, wife can get the petition filed / transfered where she has choosen her residence.
Laxmi Kant Joshi (Advocate ) 03 June 2014
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 03 June 2014
Under Sec 25 of CPC, she can get the same.
How would she prepare?
I guess by engaging an advocate.
Jokes apart, may be you wanted to ask something else.
Regards,
aman (intern) 03 June 2014
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 June 2014
s. 25 of the C.P.C. under which the transfer petition has been made is not applicable to proceedings under the Hindu Marriage Act, 1955
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 03 June 2014
Since when Ramachary?
There is a no specific form prescribed for the same Aman.
Regards,
aman (intern) 03 June 2014
Thank you Mr. Shonee Kapoor for the valuable information.
Dr J C Vashista (Advocate) 04 June 2014
Section 24 applies if the case is to be transferred within the jurisdiction of same High Court, otherwise apply to Hon'ble Supreme Court u/s 25 CPC.
ANAMIKA VICHARE (LAWYER) 04 June 2014
Shoneeji u hv rightly said that he wants to ask something else. I guess that he wants toknow the reasons fortransfer...I fail to understand his insistence for a draft which his wife is going to prepare, he will recv it in due course of time..then he will readithimself, he is asking as if he is Jr lawyer wants to file transfer petn
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 June 2014
That may well be the case Anamika, however, I have seen men who are very disturbed wanting to see all kind of documents to know what kind of allegations are levelled on them and then try to prepare how to defend those kind of allegations.
They forget the basic rule, that each case is different and has to be fought accordingly.
Regards,
N.K.Assumi (Advocate) 04 June 2014
It is not the style of drafting, but whether GROUNDS exist for transfer, will be the corner stone for the Court to permit Transfer of the case, as the court is concern with the substance in the pleadings and not the cosmetics to the draft. Ask any advocate to do the job. For Transfer of the case one must bring out a strong reasons for the transfer.
T. Kalaiselvan, Advocate (Advocate) 04 June 2014
I agree with the opinion of learned advocate Mr. Shonee Kapoor the an application is to made under section 25 of CPC for transfer. About draft or format, here is no specific format for such an application, it can be drafted based on the grounds desired for transfer. The counsel appearing for the party will take care of such issues, please leave it to them.
KISHAN DUTT KALASKAR (Advocate) 17 March 2018
Dear Sir/Madam,
Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.
With regards,
Legal Expert