Court would transfer case to her native place
convenience of wife is generally considered by court
You can take the plea that case need not be transferred wife can participate on proceedings through video conferencing
How to stop transfer petition filled by wife
Sir/Madam, I have filled section 13 divorce case in Mau district 3 years back. Due to corono and judge unavailibity there was few date case got listed and in those date also opposite party used to give excuse. 6 month back, Opposite party filled section 9 case in ballia district where marriage happend and her father retired from there. In the last date of section 13 case, judge told to opposite party to give counter(ws) in 15 days. They have not given the counter and went to high court for transfer the case to her native place on the ground of financial and travel problem. How can I stop transfer applications
Asked 2 years ago in Family Law
Religion: Hindu
12 Answers
You can stop the transfer stating that you will give travelling charges to wife. You can also state that the said transfer is done with malafide intention.
Dear Client,
You have to file a Civil Suit for the purpose of Staying the transfer of the property.
Transfer application has been filed by the wife. You should have received the notice by now. Engage a lawyer and file your counter affidavit as to why the case should not be transferred to her place.
Please share the notice and the copy of the transfer petition, so that we may help you in representing before the HC.
Regards
Eventually in that transfer petition, you will receive notice from the court and you will be allowed to file a counter to the prayer of your wife to transfer the case whereby you can take the plea that owing to COVID conditions courts are anyway allowing virtual appearance for proceedings through WebEx and further that it has been sought without showing any sufficient cause. But, the burden would be on you to show the same as otherwise the courts are usually inclined to transfer.
Hi, you need to appear before the High Court and contest the same on the ground that the wife has intentionally filed the present transfer petition in order to harass you.
You need to file your counter at the high court objecting to the transfer, but the grounds should be strong. Your wife has cited travel and financial difficulties in her transfer petition. Your objection should be based on reasonable and acceptable grounds. Please consult a senior counsel practising at the high court.
Dear Client,
You need to act promptly and if the response is not favourable from the concerned department you can approach the High Court and file a writ petition to challenge the transfer order. You can 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.
Thank you.
- Generally, court grant permission to transfer the case to the jurisdiction of wife .
- Hence, if you have received the notice from the High court , then you should file your reply after mentioning that you are ready to pay the travel charges to her .
It may not be possible for you to stop the transfer petition filed by her.
The transfer petition filed by wife are generally entertained owing to various reasons
However once you receive summons you may file counter with strong objections to her transfer petition and present your argument with reasons properly to convince the court about your difficulties and hardships.
Let the court decide.
You need to oppose her transfer petition in the High Court. If you have received notice from the High court, appear before the HC and file a counter affidavit through your lawyer. It appears that mau and ballia are not very far; and hence this too may be taken as a ground to oppose the transfer petition
