ktkaran (maanger) 12 June 2013

Transfer petition in sc despite 340& jurisdiction decided

Guys this is really perplexed situation for me :

-My Wife moved TP in SC fr trnsfr of case from U.P. to Mumbai for two cases DIVORCE & Child custody simutaneously

-The case is yet to be listed in SC.

-The trial court in Child custody case decided Jurisdiction on 31st May on insistence of her lawyer who wanted jurisdiction to be decided fisrt which the Court Luckily decided in my favour as my wife moved 2-3 jurisdictions in past three years

-I moved 340 application in CC against her which was accepted & separate Msc.Cr,Case no.registered against her,notice not issues yet

Now my queries as below for SC::

1).What should be my counter points in Supreme court to hold on Transfer as i heard SC transfers in favour of women ,what will happen to Jurisdiction order of trial court as that is yet not challenged

2.)As case has progressed a lot in UP will still SC transfer ?Will they not consider Perjury being committed ?

3.)She has pleaded in SC that she is in Mumbai and that Child is also studying there & given proofs of child
study and her rent agrement

4.)Also she filed DV against me 7 days prior to moving TP application to SC
and has mixed grounds of DV in Mumbai,Child studying in Mumbai,Herslf in Mumbai in SC which look good

But her utter motive to file TP in SC was to avoid perjury as I moved it and she knew it coming her way..

I need some Solid advice to counter my defence for TP dismissed which generally (90% or more) is Woman favoured as if I lose then it will also mean trial court orders have no value ..Please advise and ask more questions if I amnot clear

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7 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 13 June 2013

Dear Querist,

Since the TP filed by the Petitioner-wife in the SC, you may note the following:

It appears from the facts that your's is case which different from those generally heard at this level:

1). In TP, as a Respondent-husband, you would harp upon in order to withhold the requested Transfer on the points that Order on Jurisdiction passed by the Ld. Trial Court since being unchallenged, the same cannot be permitted by way of filing TP in SC.

2). In the present status of the case before Ld. Trial Court in UP, I guess, TP can be hotly contested in view of above and requested transfer may be resisted. Perjury plea can be taken additionally to strengthen your opposition to TP.

3) & 4). The Petitioner-wife's fly-by-night residence in Mumbai for suiting her TP can also be challenged on the suitable arguements. Tendency of forum-shopping needs also to be challenged.

Trust this would suffice.

Please revert should there be any other or further query.

Rabin Majumder

AoR

New Delhi

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(Guest)

Exacellent advice above.Get proofs to show that your wife has made the move specifically to transfer the case out of current jurisdiction.eg,transfer certificate from boy`s school,wife`s starting date at work.If you can also show that wife is earning less in Mumbai than current place,it`ll help to show that she made the move only to avoid cases.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 June 2013

AGREE WITH EXPERTS

ktkaran (maanger) 13 June 2013

thanks Rabinji,

Also to mention that 498A is still running on me in Jaipur which she has not asked for transfer in SC.

But My divorce petition in UP has not moved much ,her lawyer has not filed WS,so in case they insist on Transfer someone suggested me to offer travel expenses of AC train,will court consider this as well? or they blindly transfer in favour of women as they give only 1 minute and we will have to Vomit every thing there in this time.

ktkaran (maanger) 13 June 2013

also one more valuable suggestion-some1 suggested me to go to mumbai and give an application in Nearest police station that i came to meet my son but she and her brother along with two others threatened me and i had to run away to save my life.Gat a copy of this recieeving and and tell court that you have threat to ur life.

In my case my wifes brother tried to poisoned her wife and same has been mentioned by anther court while deciding a maintenance case ?Will this also help in proving that i have a threat to my life if i go there.

ktkaran (maanger) 17 June 2013

Please reply is THREAT to life will be considered by SC?

Also She has not stated in Jaipur that she has moved to Mumbai and that case is she is fighthing ?Will these points also help.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 18 June 2013

Dear Querist,

If there is serious threats or you apprehend so, you may take the plea in opposition in the TP in the SC. You may also raise objection in the Counter Affidavit as to concealment of material facts.

It appears that you have good grounds to oppose the transfer.

Please revert should there be any other or further query.

Rabin Majumder

AoR

New Delhi

2 Like