• HC Bombay denied transfer of divorce case

My husband has filed divorce case in his hometown Nagpur and I had filed transfer of that case as I am working and living alone in Pune and it is not possible to travel alone and several medical complexities too. However High court Bombay didn't consider any reasons and citing the Mar 2017 guideline from Supreme court denied transfer suggesting video conferencing as the only solution. I have asked time to respond. Now my queries are: 1. Who bears the cost of video conferencing? As I have requested transfer? Will I be tormented with such additional costs? 2. Can the video conference be requested only to cross examine me however I will not be able to defend the filthy lies my husband must be communicating in Nagpur court?
Kindly share your views on the same.
3. If there is anyway to still get the case transferred to Pune?
Asked 8 years ago in Family Law
Religion: Hindu

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5 Answers

1)you have to bear the costs of video conferencing

2) you can engage lawyer in nagpur . file detailed reply denying the allegations

3) examination in chief is by filing of affidavit of evidence

4) video conferencing would be for mediation , cross examination

5) you can appeal against HC order rejecting your transfer application to SC if you so desire

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

1expenses for arrangements of audio-video facility have to be borne by the person who wants to avail the said facility.

2) As regards average fees for video conferencing you will have to make enquiries in family court in Nagpur in this regard

3) fees would be per sitting of video conferencing

4) chances of any relief being granted by SC are bleak

5) you can in divorce petition claim litigation costs

6) you can avail legal aid facilities by applying for legal aid in family court

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

1. You can move the SC against HC's order. The guidelines of the SC which the HC has referred to are not to be applied across the board in all cases.

2. The fee of video conferencing has to be availed by the party who avails it, in your case it is you as you will be seeking exemption from personal appearance.

3. On what basis do you say that you will not be able to defend your husband's ''filthy lies" in the Nagpur Court? If you engage a lawyer in Nagpur you should be able to do all that you would be able to do in your hometown.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Now my queries are:

1. Who bears the cost of video conferencing?

Any person who seeks the facility has to bear the said expenses.

As I have requested transfer? Will I be tormented with such additional costs?

You cannot term it as as torment, but it is a procedure to the complied with if you wnt to avail the facility, this is a facility extended to yor benefit.

2. Can the video conference be requested only to cross examine me however I will not be able to defend the filthy lies my husband must be communicating in Nagpur court?

Kindly share your views on the same.

Why are you worried about defending his allegations, if there is no truth in his allegations, you can, during the cross examination through video conferencing, can deny them, you have all the rights to deny the false allegations leveled against you.

3. If there is anyway to still get the case transferred to Pune?

If the high court has passed an order against your petition, you have an option to prefer an appeal against the order before the supreme court

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Can you please answer few more queries as below:

1. What is the average fees for such video conferencing?

This will be informed by court when you apply for it because this is a local subject and there is no uniform fee for this across the country.

2. Is this fees per sitting of the video conference or once throughout the case?

You may have to pay the same every time when you would like to avail video conferencing facility.

3. When the SC court's guideline was the only point considered in deciding on my petition?

Can you please suggest on what grounds will it still be granted if I appeal in SC? I don't see any hope there

You can vent out your grievances in the appeal which have aggrieved you in the order passed by the high court, the supreme court may consider your appeal on humanitarian grounds also if you are able to convince the court in your grounds for memorandum of appeal.

4. I have all the legal proofs of expenditure of these loans leaving me with almost nothing to pay the lawyer.

Is there any legal aid I can get in this sort? Kindly suggest

You can avail the free legal aid services available in supreme court for fighting your case at free of cost.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

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