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transfer petition
07-May-2023 (In Family Law)
My wife filed for maintenance in belgaum family court in 2015. The court awarded her 10 k as maintenance in February of 2017 from the date of application. Till date i have paid 30 k per month towards the maintenance. Then i filed divorce petition in Pune where i reside in February 2017. My wife filed a case for transfer in supreme court. Now what my plan of action should be??
You will have to fight the said case however, you will have to state in the court recent judgments to dismiss the said petition:
In Gayatri Mohapatra v. Ash*t Kumar Panda : (2003)11SCC731 , the Supreme Court having found that the wife being a Director in a Company run by her mother traveled from place to place and could not be permitted to state that she was incapable of travel as a ground to seek transfer of the husband's case.
In Teena Chhabra v. Manish Chhabra (2004) 13 SCC 411, the Supreme Court accepted the husband's offer to bear the expenses for the travel, boarding and lodging of the wife and dismissed her transfer petition on the ground that she had no source of income to travel.
In Anindita Das v. Srijit Das (2006) 9 SCC 197, the Supreme Court found that leniency to ladies shown by the Court in transfer matters was being often misused and taken advantage of by women. Stating so, the Court observed that it was required to consider each petition on its merit. On the facts of that case, the Court found that the grandparents were available to look after the six year old child and taking note of the husband's offer to bear the expenses for the wife's travel and stay along with her companion, rejected her transfer application based on those grounds.
In Meenakshi v. Mukesh Kumar (2004) 13 SCC 497, the Supreme Court accepted the statement made by the husband with regard to the safety and security of the wife and that he would bear her conveyance charges and disallowed the wife's transfer application. From an overview of the aforestated Judgments, it is clear that there is no hard and fast rule that can be applied in cases of this nature. Each case would ultimately turn on its own special facts and circumstances and must be dealt with accordingly.
In Gayatri Mohapatra v. Ash*t Kumar Panda : (2003)11SCC731 , the Supreme Court having found that the wife being a Director in a Company run by her mother traveled from place to place and could not be permitted to state that she was incapable of travel as a ground to seek transfer of the husband's case.
In Teena Chhabra v. Manish Chhabra (2004) 13 SCC 411, the Supreme Court accepted the husband's offer to bear the expenses for the travel, boarding and lodging of the wife and dismissed her transfer petition on the ground that she had no source of income to travel.
In Anindita Das v. Srijit Das (2006) 9 SCC 197, the Supreme Court found that leniency to ladies shown by the Court in transfer matters was being often misused and taken advantage of by women. Stating so, the Court observed that it was required to consider each petition on its merit. On the facts of that case, the Court found that the grandparents were available to look after the six year old child and taking note of the husband's offer to bear the expenses for the wife's travel and stay along with her companion, rejected her transfer application based on those grounds.
In Meenakshi v. Mukesh Kumar (2004) 13 SCC 497, the Supreme Court accepted the statement made by the husband with regard to the safety and security of the wife and that he would bear her conveyance charges and disallowed the wife's transfer application. From an overview of the aforestated Judgments, it is clear that there is no hard and fast rule that can be applied in cases of this nature. Each case would ultimately turn on its own special facts and circumstances and must be dealt with accordingly.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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