• Transfer the cases: Wife's family influential in their native town

I filed a HMA divorce case in 2016 against my wife on mental cruelty grounds. My wife, thru HC, then transferred the divorce case to their native town . She then filed the RCR case as well as CrPC 125 (Maintenance) against me in her place.

I'm fed up on travelling 270 Kms for every hearing, 4 times a month which has affected by health condition badly. My wife's family is very influential and they literally 'bought' my lawyer. My wife's advocate is a senior guy with very good political connections.

Is there a way to transfer the case to a neutral venue/nearby town (120 Kms from her home & 160 Kms from my home) citing medical ailments OR any other reason? I'm affected by disc bulge in the neck and possibly some nerve compression. Shifting to the neutral venue (Salem, TN) is easy because I can travel by train (instead of bus which jolts more than train). Doing so would also help me avoid their rowdy lawyer and their influence in their area.

Please advise.
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

Hi,

High court has the authority to transfer the case and you may approach high court citing all reasons.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir u file an application that ..(I'm affected by disc bulge in the neck and possibly some nerve compression.)

and submit medial reports .. proscription.. medicine bills ect .. and pray for the same to Honerable court.

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

Your appeal won't stand as a woman can file a divorce petition from anywhere in India after she leaves the matrimonial home.

So you need to attend the court where the case is transferred.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

File SLP in SC against HC order

Seek orders to transfer case to neutral place

3) mention that wife comes from influential family having good political connections

4) that you suffer from health problems unable to travel

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hi,

You may file the case again under changed circumstances.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If you gave consent to transfer and participated in hearings your appeal would be dismissed

You can seek video conferencing facilities

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Sir she is unemploye..and if u submit your health issues and medical reports.. and pray to judge that she is not working.. she can travel...but I m full time working.. and traveling 4 times in a month... It's really very tuff for me ...

As she is non working..she can travel..

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

SLP can not be filed if you have given your consent before the HC for transfer of the case

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

At this stage you may file a fresh transfer petition before the HC only under section 24 of the CPC based on the new grounds that have emerged.

Also disclose the previous transfer petition and attach your medical documents.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Is there a way to transfer the case to a neutral venue/nearby town (120 Kms from her home & 160 Kms from my home) citing medical ailments OR any other reason? I'm affected by disc bulge in the neck and possibly some nerve compression. Shifting to the neutral venue (Salem, TN) is easy because I can travel by train (instead of bus which jolts more than train). Doing so would also help me avoid their rowdy lawyer and their influence in their area.

You have lost the chance for this option when you lost the transfer case filed by her before the high court.

Since the matter has already been decided by high court, no application from your side will be entertained by high court at this stage.

Even if you prefer an appeal before presume court, only the circumstances prevailing at the time of filing the original transfer petition will be taken into consideration and not the subsequent developments.

If you suspect the integrity of your advocate you can change the lawyer at any time.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

But is it possible to do this after we've given our consent for transfer to their place (in 2016 itself), and the hearings are going on there. What are the chances for me (husband) for winning the transfer case against an (unemployed) wife

Dont be misguided by the incorrect advises.

Your case may not succeed even if you prefer a SLP or an appeal before supreme court because the grievances against the orders in the transfer petition is missing since you have already given your consent for this transfer, hence you have lost the opportunity at that time itself.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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