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Can i contest Transfer Petition (Civil) filed in Supreme Court
24-Aug-2023 (In Divorce Law)
I have filed a divorce case in Bangalore court. We both are from Kolkata, and working in Bangalore. My wife did not attend the mediation process properly. Suddenly she tried to filed 498 against me as I was going to see my baby. Police did not take this case. Now she has relocated to Kolkata and filed transfer petition (civil) in the Supreme Court - (Under section 25 of the C.P.C). Is there any way to keep this case in Bangalore court only?
Yes friend,
This CRpc is friendly to women but my senior has contested cases opposing transfer and has got the case stay .what matter is that you need to contest well and better to consult in personal about with senior .
This CRpc is friendly to women but my senior has contested cases opposing transfer and has got the case stay .what matter is that you need to contest well and better to consult in personal about with senior .
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How much time it takes to transfer case from one State to another?
The Supreme Court of India normally takes 4 to 6 month to hear both sides and decide on a Transfer Petition. Until then, the lower court proceedings are stayed until the Supreme Court makes a decision.
How much it costs to transfer a case from one State to another?
Total cost could be around Rs. The total cost may be around Rs. You must file a petition with the Supreme Court to transfer a case. 23-Mar-2018
Can court case be transferred to another State?
The Supreme Court has ruled that a transfer of a trial from one state to another should only be done in exceptional circumstances. Otherwise, it could have a negative impact on the credibility of both the state judiciary and the prosecution agency. 25-Feb-2023
Can a divorce case be transferred?
In these transfer cases, the Honourable Supreme Court transfers only those cases that are truly lacking in territorial jurisdiction. It does not transfer any cases that were supposed to fall under the jurisdiction transferred. The Honble Supreme Court looks into the true reason or ground for such a transfer.
Transfer of a case particularly in a matrimonial disputes would largely be guided by the convenience / inconvenience of the parties. Secondly, in ordinary circumstances, in a criminal case, such requested transfer is not routinely entertained by the Supreme Court. Correct opinion can only be given after perusal of documents and understanding the facts. It may also be noted that allowing transfer is totally a discretionary jurisdiction of the Hon'ble Supreme Court and it would largely depend on the facts and circumstances than case laws alone.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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Yes you can contest the petition. Normally the case would be transferred to where the wife resides along with the child. Incase you have any difficulty in travelling to kolkata and if the court finds the reasons reasonable it may allow it to remain directing you to pay the travelling and accommodation expenses.
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In the case that she has filed in the Supreme Court, I encourage you to file your Objections to show cause why it should not be transferred from Bangalore to Kolkata. Alternatively, I recommend that you try an out-of-court settlement with your wife so that the issue can be dealt with quickly and you can also discuss visitation and custody rights of the baby.
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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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