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What are the grounds for inter state transfer of cases
03-Apr-2023 (In Divorce Law)
i am living somewhere in Punjab with my family,i got married at Ludhiana ,Punjab but after one year she (My Wife) left my home & filed case against my family & me in Bangalore of domestic violence,against same i filed case under section 9 in civil court at my native place. now i heard from her relatives that she & her parents trying to transfer the case from state to state. she & her parents living in Bangalore but her all relatives living Ludhiana & she is presently studying at Bangalore. All post marriage rituals finished in Ludhiana not in Bangalore. Is it possible to tfr the case? if yes then which type of reasons will accept by court to allow the transfer.
Sir
In your cases, as you told, you should be ready to show the "document" that may stop the transfer of the cases. AS you only told she had left the premise filed a case under DV Act. You also filed a Case under Section 9 in the Civil Court.
In some cases, the place of residence of the petitioner can be taken as jurisdiction. As you informed that, she is residing in Bangalore and studying here. Therefore she may created some document here to show her residential address and filed the case against you with an intention to harass you by calling you to court from there to here.
Here you have filed case under section 9 and it means you are ready to be with her. In DV Act case, show to the court that you are willing to be with her in future and to take care of her. Then case may be fall immediately.
In case of transfer of the case from one state to another state, she need to take leave of the Supreme court by filing necessary petition. Before that you prepare with the DOCUMENTS and show your inconvenience to appear wherever she want.
I hope it is better.
In your cases, as you told, you should be ready to show the "document" that may stop the transfer of the cases. AS you only told she had left the premise filed a case under DV Act. You also filed a Case under Section 9 in the Civil Court.
In some cases, the place of residence of the petitioner can be taken as jurisdiction. As you informed that, she is residing in Bangalore and studying here. Therefore she may created some document here to show her residential address and filed the case against you with an intention to harass you by calling you to court from there to here.
Here you have filed case under section 9 and it means you are ready to be with her. In DV Act case, show to the court that you are willing to be with her in future and to take care of her. Then case may be fall immediately.
In case of transfer of the case from one state to another state, she need to take leave of the Supreme court by filing necessary petition. Before that you prepare with the DOCUMENTS and show your inconvenience to appear wherever she want.
I hope it is better.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Wherever the wife is living and that too when she is not working, Supreme Court allows the case to be transferred from state to state on filing of a transfer petition. The husband has to attend the case in wife's place of residence.
--- Advocate C V Srinivasa
--- Advocate C V Srinivasa
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Revengeful attitude in domestic life does not work. If you are in need of your wife, please approach her and convince her and make efforts to lead a matrimonial life. Filing case at your native place causes inconvenience to the wife and my put her in trouble of travelling. Filing domestic violence case is mild action, but filing petition under Section 9 of the Hindu Marriage Act, is harsher compare to domestic case. Have opinion with an experience advocate who has got matrimonial experience . Good Luck.
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Adv. Chandraiah
Bangalore | 100+ Answers
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