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Wants to transfer divorce matter from Delhi to Karnataka.
24-May-2023 (In Divorce Law)
I am a housewife at present residing in Karnataka with my mom.My husband in Delhi has filed a case in Delhi regarding the restitution of conjugal rights, the hearing is on the June 1 2017 .I am determined to divorce him due to harassment ,torture and threatening but he is not willing to give one. I want to know what are the possible outcomes if I don't rrepresent myself in the family court on that day ,and is it possible to transfer the case from Delhi to Karnataka. We are Christians.
Not appearing in restitution of conjugal rights won't make a major difference. Though you can ask a lawyer to appear on your behalf on the date and inform the court of your intention as far as transfer of case is concerned as it is inter state transfer you will have to file a transfer petition at the Supreme Court of India.
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Adv. Prashant Kumar
Delhi | 100+ Answers
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You may get the matter transferred from delhi to Karnataka through Supreme Court. You may also contest case here through lawyer. You would get maintenance and lawyers fee as well as traveling cost by court order.
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Adv. Pankaj Kumar
Delhi | 100+ Answers
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If the matter is coming before the trial court for the first time you can better contact some advocate to appear and seek time to file vakalatnama so you will be given time in trial court. In the mean time you can file the transfer petition before the supreme court regarding the restitution of conjugal rights and get it transferred to Karnataka from Delhi. If you don't appear before the trial court, mostly it may give you one opportunity to represent yourself. But when the service is complete and you received the court summons some times it may proceed ex-parte i.e without your presence the trial court may proceed the matter which is not in your interest. So better consult a lawyer at the earliest.
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Adv. S. Sethu Mahendran
Delhi | 100+ Answers
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Yes, you can get your case transfer from Delhi to Karnataka by filing a transfer petition before Hon'ble supreme court of India, but should appear in petition pending before Delhi through advocate, dont miss to appear before delhi court.
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Adv. Navjot Kumar
Delhi | 25+ Answers
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My advice is that you should remain present on 1st June 2017 before the Family court and give your submissions if possible in written at least verbal submissions at least otherwise this suit will be ex party and order will come into his favour.
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