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Case transfer Petition From Wife


28-Nov-2023 (In Civil Law)
My wife has filed a 498a,divorce and SC/ST in Hyderabad, before 2 years. I am running behind those cases still..  As per an advocate suggestion, I filed a "civil suit for injunction "against my wife and her family and subsequently my mother has filed a DVC case. Now my wife has filed a transfer petition in supreme court to transfer civil case to Hyderabad. Their advocate in Hyderabad is influential and I don't want to run from Bangalore to Hyderabad for one more case. Even if I contest the transfer petition in SC, I don't feel is worthy, as wife always get the favour . Do I even need to contest? or I need to withdraw the case? If I withdraw what will be the consequences of it on the DVC case filed by my mother? Is there any other thing that I can do to bring her demand of 50lacs down to 20lacs??
Answers (3)

Answer #1
773 votes
Hi. I am an Advocate on Record of the Hon'ble Supreme Court. I suggest that you contest the transfer petition in SC especially if you are looking to settle the issue. Usually the Court encourages the parties to conclude the matter and go for mediation so an attempt can be made for the same. It might save you years of litigation because if you don't contest anyway the matter will get transferred to Hyderabad without you getting an opportunity to put forward your point. Please contact for further discussion on all the queries.
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Advocate Akanksha Choudhary

Adv. Akanksha Choudhary

LawRato Bangalore / Bengaluru | 5+ Answers
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Answer #2
522 votes
Dear client A transfer Petition being allowed depends on few other things as well. Orders are not Always in favour of the wife. You must contest, you can have the benefit of taking liberty from the SC. Feel free to get in touch to discuss further
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRatoDelhi | 700+ Answers
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Answer #3
900 votes
yes you can file counter cases against your wife, with all the allegations in your section 9 petition and in relation to your SC case you should contest it and tell the court how irrelevant it is to transfer such a petition, if today SC will allow it your case will be less favorable.
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Advocate Jatin Raheja

Adv. Jatin Raheja

LawRatoDelhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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