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Transfer Petition filed by wife in SC
25-May-2023 (In Divorce Law)
My divorce case was ongoing in my state (U.P.) and was at an advanced stage (ex-parte divorce was about to be granted), however, my wife went and filed the same case in her state (Karnataka). Thereafter she went to the SC and asked for a transfer, following which she got an ex-parte stay on the divorce proceedings in my state. I am unwilling to go to her state since I have to take care of my old parents and have job responsibilities. Is there any way SC can take over the divorce proceedings since both I and my wife are facing hardship ? If yes, what is the procedure for the same and how will the proceedings go? I am ready to bear all costs of my wife's lodging. Kindly advice. (Hindu marriage act applies to us)
hello client as i can see your issue is really very much serious issue so in this matter we need to appose the ytanaphwr petition in supreme court of india as well as we nwed to take an urgent step to stop the tranapher peritition to be taken up on one sided petition to not heard in supreme court of india. as well as we also need to fioe an urgent petition in supreme court of india to get this petition transpher petition scarraped without any arguments.
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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You need to show your inability before the SC not to transfer the said petition because of your old parents and job. Once her transfer petition is rejected then you can get the divorce. But it’s better for you to go for mutual divorce because it involves less cost and gets over within 6 months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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You would require to file your response to the transfer petition and if your willing to bear the expenses then we can press upon the dismissal of her petition and continuation of the divorce in your state. However she is working or not and any other responsibilities of child or parents of your wife would also need to be discussed. For any further legal assistance please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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if both you and your wife want a divorce, the same can be obtained from mediation proceedings which may be requested for in the supreme court in the pending transfer petition filed by your wife. it should put an end to time consuming and expensive litigation in the district courts.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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Hi I am an Advocate on record in Supreme Court of India in your reply to the transfer petition you can ask court to grant you divorce or even request for mediation at Sc and resolve the matter by settlement for Mutual Consent and you can also offer as you desired clubbing of both Divorce cases at your place
You can contact me for for it
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Adv. Madhu Tyagi
Delhi | 200+ Answers
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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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