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Prevent RCR case transfer from Bangalore to Delhi


12-May-2023 (In Family Law)
I am central government employee at bangalore. My wife had left with her parents from our bangalore home, moved with complete bag n baggage in Jan 19. My 6 year old daughter is with me at bangalore where I have filed G&WC plus RCR at bangalore family court, the hearings of which she is yet to attend. Now she has filed case against me at delhi under section 12....What are the options available to me now? How can I prevent her from getting the RCR case transferred to Delhi?
Answers (2)

Answer #1
684 votes
Dear Sir,
DV case filed by her cannot be maintainable in Delhi since all alleged incidents took place in Bengaluru City. Raise preliminary objection about the maintainability of DV case on the ground of territorial jurisdiction. Get file a CAVEAT before Supreme Court as you are anticipating transfer petition by your wife from Karnataka to Delhi Court.
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Answer #2
634 votes
A transfer application for transfer of a case from one state to another can be done through a case filed in the Supreme Court. You will have to appear in the Supreme court when the case is listed and inform regarding your employment status as central government employee and request transfer be rejected. Since you are a central government employee, you have a good chance provided you submit your case properly.
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