• Stop divorce case transfer

I have two questions
1)My wife has filled the transfer of divorce petition from pune to nanded.for which she has filed transfer petition in aurangabad high court.but at any cost, I dont want to let transfer this case.

2)if in case case got transferred, then can I appeal in supreme court?and what would be the total amount of charges I would have to bear?
Thanks,
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

You can oppose application for transfer on grounds that wife can avail video conferencing facilities

2) she need not attend court personally in Pune

3) SC has in some cases rejected transfer application and directed spouse to avail video conferencing facilities

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You can appeal on SC

2) legal fees vary depending upon the Lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Yes, engage a decent lawyer in the High Court to oppose the transfer petition filed by your wife.

Even if your wife gets a verdict in her favour from the High Court, you will still have the chance to assail the said verdict in the Supreme Court.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Dear,

. If you and your wife has filed petition in different district courts, then the case will be

transferred to that court where earlier petition is made. But in both case petition can be

transferred between district courts and not from one high court to another high court.

If you filed first case then she can't transfer this case, otherwise she will.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

This is my response to you:

1. Tell the court that since you are permanent residence of pune you cannot appear in Nanded;

2. If you have filed the case then the court will hear your jurisdiction;

3. If the transfer is allowed then you can challenge the same in Supreme Court.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

My advice as per your brief:

1. Yes you can challenge the decision of High Court in Supreme Court.

2. You need to find merits according to your case as those merits will be your grounds for an appeal.

3. You can take grounds regarding your health, work, taking care of parents, illness of parents, witnesses and their city, your wife has place to stay during her visit to pune for hearings, you can offer her accommodation expenses during her visit for hearing to pune, that pune is well connected to Nanded etc.

4. Cost depends upon the lawyer you hire for your case. In SC people mostly engage a briefing and drafting lawyer who’ll take care of drafting, filing and briefing. Further for arguments you can engage a senior Advocate who has good face value because in such cases that leaves a huge impact on the outcome.

5. Average cost for drafting, filing and briefing is around 1lac. Further if you want to heir a senior Advocate then it depends upon whom you chose.(starts from 50,00/- to 2,00,000/-) in such matters per hearing.

Any assistance sort in your above matter please feel free to consult.

Regards

Ruchit Dugar
Advocate, New Delhi
190 Answers

Hello,

Usually the cases are transferred to the place where the wife is residing. It can be transferred or it can not be transferred depends on the grounds on which she is seeking transfer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If however the same gets transferred and we have the ground to file a SLP before SC then the same will cost you around 1-1.5 lakhs.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. You would be served notice in the transfer petition filed by wife in High Court wherein your advocate would have argue that you're ready to bear the travelling expenses of your wife to attend the divorce proceedings in Pune.

Also, your ability to travel can be argued by way of any medical documents which establish that too much travel is not advised for your health or you can take the plea that job to be there to take care of your old ailing parents.

2. You would have been option of approaching Supreme Court if you do not succeed in the transfer petition. The cost would be around Rs. 75 thousand- 1 lakh.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

hello,

you should contest the case and in case you lose file a petition in the SC. it depends upon the lawyers and no fixed fee can be stated.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You can challenge her transfer case on merits in your side. What's the reason that you are trying to oppose?

Do you have documentary evidence supporting your defense?

2. For the appeal before supreme court you may have enquire the lawyer fee from the lawyer who you propose to engage.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Sir,

Firstly the matter will be transferred only if there are appropriate reasons before the court. Unless such is the case no court will simply keep transferring matters from one court to another.

If the matter is transferred you may approach the Apex court

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer