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Regarding matrimonial case filed by a boy against his wife


30-Apr-2023 (In Divorce Law)
Hello, My cousin brother has genuinely filed a case in a family court against his wife on the basis of cruelty. She belongs to Shimla. The boy lives with his father and lost his mother few years ago. The case was filed in September 2018 in Delhi. It was under mediation twice and then mediation got failed. Now in the last hearing girl filed response and denied all the charges. Till date the girl is coming to Delhi for hearing but now, the boy thinks that the girl can transfer the case to Shimla so he started doing night shifts so that he can ask to stop a transfer because of his father's poor health and the night shifts. However, his own health is suffering because of the night job. Pls help me to understand how it will help to stop a transfer. Also,. How long is the procedure to get this transfer done by the girl? Is there any other option to stop the transfer?
Answers (3)

Answer #1
518 votes
hello monica hello.monica hru as ur saying tht ur cusin brother is living in delhi with his father .the boy has filled a case in delhi family court for divorce on the ground of cruality but the family of ur cusin is having view tht the girl will get the case trandpher the case from the top court.in this condition you have to take immidiate steps to conclude the things tht will make transpher immposible.thys the best way.
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Answer #2
598 votes
Hello, this is Advocate Anupam Kumar Mishra. I received an enquiry from you for your legal issue. Please let me know how can I help you. I handle all types of cases in all courts of Delhi. We provide most customised and reliable legal solutions as per your needs and requirements. Feel free to contact me for a free case evaluation and an appointment for a face to face discussion. Thanks and regards, Dr Anupam Kumar Mishra. (Advocate).
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Answer #3
877 votes
Section 25 cpc mein transfer petition jayegi sc mein Transfer of cases relating to Matrimonial Disputes from a court situated in a particular state to a court situated in another state, can only be done by the way of Transfer Petition which may be filed by either party to the case before Hon'ble Supreme Court of India. Such Transfer Petition is filed under Section 25 of Code of Civil Procedure, wherein under the said provision, Supreme Court of India has original Jurisdiction to transfer a civil case relating to Matrimonial Dispute, based on facts of the case, & circumstances of parties, and if such transfer is expedient for ends of Justice. Similar power may be exercised by High courts in the event transfer of case is sought from one district to another within one state, over which the concerned High Court has Jurisdiction.
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