Wife files transfer petition after one year of rcr trials.

Sir, 

 

There is no hard and fast rule for transfer petitions to be decided by the Hon'ble Supreme Court. 

Recently I have got one transfer petition dismissed which was filed by the wife. It depends upon the facts and circumsatcnes of each case. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450 

 

 

 

I agree with Kapil. Now a days only if there are circumstances in favour of wife, courts hears them otherwise they are reluctant to pass any orders.

I have one case where wife filled the transfered petition for the transfer of divorce case.

 

Grounds for husband to defend was:

1) He was suffering from spine TB and cannot travel even out of home (Medical Certificate was attached)

 

2) Wife was earning a handsome amount of salary at the capacity of Senior Manager and husband was having her contract letter wherein it was mentioned that the company can send a wife anywhere in India and abroad for company's work.  Husband presented it and argued that wife is well capable to travel. (Contract Letter as a proof attached)

 

3) Husband was bed ridden for 6 months and having no source of Income. (Husband's Income Tax Return of 9000 Rs. /annum was attached)

 

4) Wife's Bank Account statement was attached wherein in her account she has withdrawn Cash from different ATMs from different locations of India. This means that she is a capable lady and travelling pan India (Bank Statement Attached)

 

5) Husband was having a letter from wife wherein she was asking for forgiveness of her wrong deeds and accepting that she was not taking care when husband was bed ridden. (That forgiveness letter from wife was attached in her handwriting with her signature below)

 

6)  Husband Pointed out her different contradictory statement in the petitions she filed with supreme court and lower lever courts. (Attached the contradictory statements of wife)

 

Judgement:

 

Transfer Petition of wife is allowed.  It is directed to court to finish the case at rapid pace without unnecessary adjournments.

 

___________________

Now imagine if husband having these much proofs then too it was not allowed then what do we expect from other cases?

 

 

 

1. Every case is unique. It is not prudent to draw conclusions by hearing somebody else's story. There may have been other factors that played into decision of judges.
2. You put the best possible case opposing transfer as possible and let the court decide.
3. 95% transfer cases are decided in favor of the woman. Keep that in mind. Don't get your hopes too high, but put forward the best case from your side.

Thanks everyone, from all the replies I could understand that even if husband is in death bed, most probably transfer petition will be in favor of wife (pun intended). Thus, I will ask my friend not to wate lakhs of Rs in trying to stop it.

We will think of some other way.

Thanks everyone for your valuable suggestions.

Saurabh.

Brother your friend can try. Our judicial system is almost corrupted. If your friend is rich he can spend money he can try. First he should hire a experience lawyer of SC and discuss with him . Your friend has plus point also that his wife file case july after he file in apr15.