Father is influential and lingering the case can we transfer to delhi

684 votes

Your father may be influential but judiciary is not . but for your convinience You can file a transfer petition in supreme court to transfer the case where your mother resides or works. At the same time if someone has filed divirce why should he make delay from his own side ?

Advocate Deepak Kumar Panda LawRato

656 votes

CIVIL PROCEDURE CODE- Section 25- Power of Supreme Court to transfer suits, etc.
Sub Section (1)
On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.
Sub Section (2)
Every application under this section shall be made by a motion which shall be supported by an affidavit.
Sub Section (3)
The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
Sub Section (4)
In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.
Sub Section (5)
The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.
Transferring a courts. However,

suit for divorce can be transferred from one court to another, if it is within the same district then the authority is vested with District Judge and if within a state then the Highcourt on petition of the wife to transfer the case to any of its subordinate suit for divorce can be transferred from one court to another, if it is within the same district then the authority is vested with District Judge and if within a state then the Highcourt on petition of the wife to transfer the case to any of its subordinate courts under section 24 of the Civil Procedure Code.But when the case is to be transferred from one state to another, the power is vested with the Supreme Court under section 25 of the code. However, while dealing with the power of the Court to transfer suits, appeals or other proceedings under Sections 24 and 25 of the Code, which is discretionary neither can be imprisoned within a straitjacket of any cast-iron formula unanimously applicable to all situations and that it cannot be gainsaid that the power to transfer a case must be exercised with due care, caution and circumspection. The Court indicated certain broad propositions as to what may constitute a ground for transfer.
Typical grounds taken by wife in the transfer petitions are below.
# Having a child
# Travel is unsafe being a lady
# Expenses required for travel
# Threat to life at Husband’s place
# Husband is very influential in his place
# Inconvenience to travel long distance
And when you are seeking inter state transfer, you have to approach the Supreme court u/s 25 of the code.

Advocate Laxminarayana Padhi LawRato

805 votes

No the case will filed where cause of action arose or the current place of resident where plaintiff or defendant residing . If you want to tran the then we try to built up a case to transfer it. Or it will dispose of at Bhubaneswar within 6 month for better suggestion contact with me

Advocate Durga Prasad Jena LawRato

688 votes

Since yr father has filed divorce case , it is to be filed in his place of living .in yr case either go for mutual consent for divorce or u can file maintenance case at Lucknow .u may also demand ancestral property share

Advocate Tapan Kumar Behera LawRato

640 votes

Yes, d law of d land, judiciary r always inclined towards weaker section of society like women ,children, senior citizens ,PH. So u can apply in d High court for transfer of case bt to ur mothers residing place not as per whims & fancies.In ur case I think d lawyer z having least experience otherwise u r given false hopes.If so come to me I ll help u.

Advocate Bhakti Prasad Pattanaik LawRato