Divorce Transfer Petition in High court Or Supreme Court
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Advocates for Divorce transfer petition and legal issues :
The Supreme Court has the power to transfer the cases from one High Court to another. And It is even from one District Court of a particular state to another District Court of the other state. Rajendra high court advocate firm will help you in Transfer OP and Transfer CMP.
Section 25 of the Code of Civil Procedure
Transfer petition in supreme court comes Under Section 25 of the Code of Civil Procedure.
In transfer cases the Supreme Court transfer only cases which lack the jurisdiction. Also cases which were otherwise supposed to file under the transferred jurisdiction.
Jurisdiction is within High Court
Judges of Supreme Court often looks at the real ground / reason for such transfer. This works in the case of petition for divorce in supreme court, from one state to other. One can file a Transfer Petition in High Court when issue of jurisdiction is within High Court.
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There are few legal process of Supreme Court in Transfer Petition. Supreme Court can refer the matter to LOK ADALAT or Mediation Centre in Delhi High Court.
Reconciliation of disputes
Mediation Center is Tis Hazari or Karkardooma Court. Object of such reference in mediation is to bring parties face to face and across the table. This is for reconciliation of disputes or amicable settlement. In Supreme Court Lok Adalat, sitting judge of the SC acts as Mediator and felicitator.
Of course, this is to reach to broad understanding. Such method by the Supreme Court in Transfer Petition of Divorce will be successful.
Lok Adalat
Judges of the Supreme Court, presiding in Lok Adalat adopts out of the box and practical solution. They try to maintain the relationship between two individuals in Divorce Case. In fact, they would have became bitter enemy in Court Proceedings.
Divorce Case lawyers in Rajendra divorce advocates firm will help you in transfer of divorce cases from one court to another.
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Generally advocates file divorce transfer petition in supreme court. The wife file a transfer case when husband files the petition in matrimonial home and wife is residing at parental home at some other state
Rather as a matter of fact the Husband cannot be always made to suffer. There are laws passed by the Supreme Court wherein he can counter the allegations made by the wife. Moreover he can protect himself from being further harassed.
Defense for Transfer of divorce petition
If the wife claims to have a minor child then grandparents may have to look after the child. This is on the ground the of Non-transfer of petition. If the wife claims a threat to her life and she cannot commute.
She needs Strong proof to show. By stating fear to her life the court will not transfer the case. What will happen, In the case of a unemployed wife seeking transfer on the grounds of it ?.
And unable commute, held “because petitioner is a lady does not mean she cannot travel” and the transfer petition may be a failure.
Child custody
Men who have Child custody with them can rely on Jaishree Banarjee v. Abhirup Banarjee (1997) 11 SCC 107 to get proceedings transferred in their favour.
If the wife claims a far distance then effort to prevent a transfer the husband can make an offer to bear 2nd class AC tickets for the woman to travel and her stay expenses. This is considered by the court.
Transfer Petition Format
A short synopsis :
A short and simple synopsis outlining the grounds you wish seek before the Judges supreme court is a must. Your synopsis must be crisp and to the point and relates to only facts which forms the ground for seeking the transfer.
Details of the case :
Give the complete details of the case you wish to get it transfer from one court to another. Also specify the court in which you wish to seek the transfer of the case.
Grounds :
Clearly tell the details on which you want the transfer of case, the details are as follows.
a) prejudice in that jurisdiction that husband family is very influential and will hamper fair proceedings.
b)Threat to life : Again being influential is a good ground for having a threat to life.
c) being a single women without any support. if there is no support from father side then that is also a good ground for seeking transfer.
d) medical history: You must attach medical proof in case of medical ailment.
e) old and ailing parents.
f) No source of income : if wife is not working its a good ground.
g) Simultaneous jurisdiction.
Interim Relief :
You must also pray for interim relief of stay of proceedings of the case you wish to seek transfer.
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