667+ Lawyers are online 
Can the divorce case be transferred to the place where a girl resides
08-Jul-2023 (In Divorce Law)
Sir, it was an inter-caste, inter-state love Hindu marriage performed at girl's native place at Visakhaptnam on 2016. Well from the beginning rural oppression for nose-pin, rural practices (Both B Tech 1st Class), deprived lifestyle, subjecting to endless troubles for household jobs of a family of 7 lead to collapse of mental health of the girl(23 Years). Hospitalized in Govt. Hospital for Mental Care for 3 months, still delicate, under OP Care. Even after knowing her condition, boy did not visit or extended financial help. whereas filed Divorce case at Karnataka on cruelty grounds on June-2018. From girls side, lodged FIR u/s 498A, 3, 4DPA in May-2018, filed maintenance & RCR in June-2018. DVC & DPA cases are being filed shortly. Now his divorce case notice served. Please advise whether the case can be transferred to Visakhapatnam, where marriage took place, native place of Girl. Cost of transfer and any need to attend girls side may be clarified for decision.
Hi
Since the divorce case is filed in Karnataka and you would like to have the case transferred to Vishakapatnam, Section 25 of CPC will be applicable in your case.
Only supreme court of india has the powers to transfer the case from one state to another.
Since the marriage place and native place of the girl is vishakapatnam, supreme court will transfer the case from karnataka to Vishakapatnam, if a transfer application is moved before the supreme court. Cost will be dependent on the lawyer (Advocate on Record at Supreme court) you intend to hire.
Since the divorce case is filed in Karnataka and you would like to have the case transferred to Vishakapatnam, Section 25 of CPC will be applicable in your case.
Only supreme court of india has the powers to transfer the case from one state to another.
Since the marriage place and native place of the girl is vishakapatnam, supreme court will transfer the case from karnataka to Vishakapatnam, if a transfer application is moved before the supreme court. Cost will be dependent on the lawyer (Advocate on Record at Supreme court) you intend to hire.
Helpful?
155+
155+
Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
hi according to your query the question is that the divorce case can be transferred to where the girl resides right, yes exactly
it can be transferred to the girl where she resides and fight from visakhapatnam only by approaching supreme court. for further clarification you can call us at any time.
it can be transferred to the girl where she resides and fight from visakhapatnam only by approaching supreme court. for further clarification you can call us at any time.
Helpful?
49+
49+
Adv. Bala Murali
Hyderabad | 200+ Answers
CONTACT NOW
Yes, all cases can be tried in Visakhapatnam since she is staying in Visakhapatnam. There is clear directions/ judgments of Supreme court/High Court to trial all the cases one place and same time. For this you need to get transfer the case from Karnataka. You approach your lawyer in this regard, he will help you.
Helpful?
35+
35+
Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
CONTACT NOW
Dear,
Yes. The divorce case can be transferred to Visakhapatnam from Karnataka (the court where the divorce petition is filed). The girl can file a transfer petition in Supreme Court under Section 25 of Civil Procedure Code. The burden will be on the girl as she is seeking transfer of case to prove that if the divorce proceedings are not transferred to her native place, she would suffer irreparable injustice on the merits of the case and with issues in respect to personal life i.e, loss of job/health/safety issues). If the girl is able to satisfy the court the above, the balance of convenience is said to lie in favor of the girl and the case can be transferred to her native place.
Yes. The divorce case can be transferred to Visakhapatnam from Karnataka (the court where the divorce petition is filed). The girl can file a transfer petition in Supreme Court under Section 25 of Civil Procedure Code. The burden will be on the girl as she is seeking transfer of case to prove that if the divorce proceedings are not transferred to her native place, she would suffer irreparable injustice on the merits of the case and with issues in respect to personal life i.e, loss of job/health/safety issues). If the girl is able to satisfy the court the above, the balance of convenience is said to lie in favor of the girl and the case can be transferred to her native place.
Helpful?
39+
39+
Adv. B. Srikiran
Hyderabad | 500+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
