• Transfer RCR case to wife home town

Dear Lawyers,

I have filed my case in my home town i.e. Kalyan for RCR.

Marriage duration: 5 yrs (My wife left house since 1 and half year) .Not ready to come back and demanding huge amounts - all my life savings which I cannot pay for divorce.

She did not appear in first 3 court dates and now on the fourth date she hired a lawyer and replied to court that we have filed petition to transfer this case to Jaipur.

Marriage place is Kalyan and she was living with me for 4 yrs. Her Nanihal place is also kalyan(her two mama's stay in Kalyan through whom marriage was arranged).
No children and currently she is working(but don't have proof for the same also she started studying).

She may give security reasons that she cannot travel or false allegations rite that we are threatening to her which is common.

I am a working professional in Mumbai and would be difficult to go to Jaipur every month whereas my wife can do the same. I am not able to concentrate and focus on my work already due to marriage disputes.

1. Please advice what points or what should be our reply to her notice from Supreme court for transfer of case. I want to ensure our reply is strong enough that Supreme court does not transfer the case to Jaipur.

2. Do we need to hire separate Supreme court lawyer on this transfer petition apart from my lawyer here in Kalyan(Mumbai) who has filed RCR in family court? It may be costlier to do so. Pls guide on this and is it mandatory to appear in SC also for the same.

3.What are the chances of transfer, Does court always give order in favour of wife in such petition.

Thanks for your feedback and hep in this regard in advance.
Kindly help.
Asked 2 years ago in Family Law from Kalyan, Maharashtra
Religion: Sikh
1) convenience of wife is generally taken into account.

2) since wife is staying in jaipur and case is filed in kalyan it would be difficult for her to come to kalyan on each date.

3) it is better you engage a lawyer for opposing transfer application. 

4) better option is to with draw RCR and file for divorce . even if you obtain decree for RCR you cant force your wife to stay with you.

Section 25 of the Code of Civil Procedure, 1908 allows the Supreme Court to transfer a matter from one state to another if justice so demands.
 
Section 25 is based on the ‘doctrine of forum convenience’ which means –‘the best forum’ or a forum where a fair trial can be had’.  The burden is on the person seeking a transfer to prove to the court that if the proceedings are not transferred she would suffer irreparable injustice, on the merits of the case (going unrepresented in the case) and with respect to personal life (loss of job/health/safety issues), she would also have to prove that the latter is irreparable in monetary terms.

In Anandita Das v. Sirjit Dey (2006) The Hon’ble Supreme Court held “At one stage the Supreme Court was showing leniency to ladies. But Since then it has been found that a large number of transfer petitions are filed by women taking advantage of the leniency shown by the Supreme Court. On an average 10 to 15 transfer petitions are on board of each court on each admission day. It is therefore, clear that the leniency of the Supreme Court is being misused by the women. The Supreme Court is now required to consider each petition on it’s own merit. In this case no ground for transfer has been made out”. In this case a transfer was refused – even though the woman had a young child of 6 years in her custody. The Court held that grandparents are there to look after the child. The Court also held that the wife need not come all the time, and could apply for exemption and her application would be considered on merits.

Hon’ble Supreme Court Judgment in the case of Priti Sharma v. Manjeet Sharma -  (2005) – the court, in the case of a wife seeking transfer on the grounds of being unemployed and unable commute, categorically held “merely because petitioner is a lady does not mean she cannot travel” and the transfer petition was dismissed.
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
1. At the outset it may be said that RCR is colossal wastage of time and money. You can oppose her transfer petition in the Supreme Court. The SC does take into account the convenience of the wife, but this is not a cast iron rule which must apply across the board to all cases.

2. You are not obligated to appoint a separate lawyer for the SC. Your Kalyan lawyer can represent you in the Supreme Court subject to the payment of fees separately for the SC case.
 
3. The facts of every case are different, and so is the judgment of the court. The court does not always rule in favour of the wife. If it is not possible for you to appear on multiple occasions in Jaipur then it is advisable to oppose her petition in the Supreme Court.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Hi
Since she stays in jaypur court might give an order 
2. It is advisable to appoint a lawyer. If your kalyan lawyer is ready to defend you in Supreme court that's good.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. What is the purpose of the RCR application filed by you?

2.It is of no use and is nothing but wastage of time and money,

3. Withdraw the RCR case and file a divorce suit on the ground of cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12103 Answers
229 Consultations
5.0 on 5.0
The case needs to be taken care of in Supreme Court and in case you so  desire the divorce can be facilitated there itself. you will get riddance once and for all without approaching any other forum. in case you need detailed advise feel free to call or drop an email.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. Please advice what points or what should be our reply to her notice from Supreme court for transfer of case. I want to ensure our reply is strong enough that Supreme court does not transfer the case to Jaipur.
Opinion: Its depend on your RCR case and petition filed by her, on which ground she filed the Transfer petition is important.

2. Do we need to hire separate Supreme court lawyer on this transfer petition apart from my lawyer here in Kalyan(Mumbai) who has filed RCR in family court? It may be costlier to do so. Pls guide on this and is it mandatory to appear in SC also for the same.

Opinion: If you are able to draft and appear in person before the SC then no need for a lawyer, you may file the same in person before the SC and argue the matter yourself but if you are unable to do that then service of lawyer is required. you may contact to me over the phone or over the mail for take our services.

3.What are the chances of transfer, Does court always give order in favour of wife in such petition.
Opinion: Its depend on the facts and ground mentioned in the petition, generally the court may transfer the case on women as ABLA  ground. but if you are ready to fight then the questions may be raised on this ground.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0

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