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Transfer 125 cpc to another city


12-Oct-2023 (In Divorce Law)
My wife had harrased me mentally in all possible ways. There were many things happend after which finally i had to leave our house and live separately. It is only been 11 months since our marriage. Her parents and she was always interested in my money. She told me that she never wanted to marry me it was by force of her parents. She purposely left job from bangalore where we were working and went to her hometown. She has started working there but i dont have information about her comapnay which i can prove in cout. She left job so that she can demand more money under cpc 125 from me. Now she has filled cpc 125 for maintainance money in her hometown. I work in private sector and i cant take so many leaves to attend court hearings. I may loose my job and lot of money in this process. Please suggest is there any way i can trasnfer my case to where i am working? What are the chances of its approval by the court in india.
Answers (2)

Answer #1
798 votes
Respected,

You can "try" for transfer of the case to your working place. Normally, in these kind of cases of transfer, the court always pass oder infavour of womens. There is recent supreme court guideline with regard to filing of maintenance case that the case should be filed where the spouse is working. On the basis of jurisdiction you can seek/try for transfer of case by keeping supreme court guideline.

If you have guanine reason like medical, on that basis you can seek for transfer of case.

Regarding maintenance claim, the amount may reduced by evidence. Normally the court will grant maintenance.

You can contact us if interested or contact any counsel.
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Answer #2
898 votes
Hi Sir,
You can file transfer petition before Honble High Court of Karnataka seeking transfer that case to Bangalore from your wife home town court, for that you have to get entire order sheet of present court to file transfer petition before High Court but you have to file transfer petition at preliminary stage otherwise there are are very less chance to entertain transfer petition by court.

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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