• Regarding section 125 and 9A

My sister has filed 125 for maintenance in bilaspur chhattisgarh (parent's place) and getting some interim reliefe.. We have not filed any case as 498 as we simply want to get out of this without much of legal hassal. Her husband filed 9a for RCR in puna, may be to avoid maintenance, as my sister is unwilling to go back. 
What are the chances to get it transferred to my hometown. 
Whether we should wait for their request of mutual divorce or is it better to go ahead and file a divorce case in hometown itself?
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) you have to move SC to transfer RCR case from pune to biladpur 

2) file for divorce on grounds of mental cruelty and it can be converted into divorce by mutual consent later 
Ajay Sethi
Advocate, Mumbai
24694 Answers
1323 Consultations
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1) you have to go to SC as Bilaspur and pune are located in different states 

2) you could have filed in Bombay high court if case was to be transferred from pune to Bombay or within state of Maharashtra 
Ajay Sethi
Advocate, Mumbai
24694 Answers
1323 Consultations
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Hi
 you have to file a transfer petition in Maharashtra
Your advocate can also appear int he RCR and see whether any possibilities of settlement , and decide to file a mutual consent in any of the place as convenient to both parties
if you file for an RCR application surely it will favour you as your sister in another state.
if you do not wish to waste time and money and the  opposite side are ready for  mutual consent try to negotiate and end it
Thresiamma G. Mathew
Advocate, Mumbai
1323 Answers
89 Consultations
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1. Filing RCR will not help in getting maintenance if maintenance proceedings were launched earlier in time to the RCR case. The husband has to contest the maintenance case to avoid being held liable by the court to maintain his wife.

2. Your sister can move the Supreme Court to get the RCR  case transferred to her place. 

3. The transfer can be made only by the SC, and not by any of the two HCs mentioned by you.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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1. If your sister is unemployed then there is great chance of the case being transferred to her place.
2. The transfer petition will have to be filed in supreme court only.
3. File a divorce suit in her hometown only , not in her husband's town.
Devajyoti Barman
Advocate, Kolkata
5837 Answers
63 Consultations
4.9 on 5.0
In your case if you seek a transfer of RCR petition only remedy to approach Supreme court. If your sister not ready to go with husband file a divorce case immediately under the ground of cruelty .Also contest the maintenance case .Mutual divorce is good but both parties must be  agreed to file the same .
Ajay N S
Advocate, Ernakulam
1946 Answers
19 Consultations
5.0 on 5.0
For transfer of case to Bilaspur, you have  to apply for transfer before the supreme court only as  the case is to be transferred from one state to another. 
Even during the pendency of the transfer case in supreme court, your sister can file a divorce case  in Bilaspur itself,  if she decides to dissolve her marriage by a decree of divorce. 
T Kalaiselvan
Advocate, Vellore
15247 Answers
139 Consultations
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1. Lodge a police complaint u/s 498A of IPC at the police station near her matrimonial house where the cause of action took place,

2. in this case the Govt will file the case against her busband and it will put pressure on him to settle the matter,

3. File an application before the Supreme Court for transferring the RCR case to Bilaspur which will be granted and in this case her husband shall have to travel regularly to Bilaspur from Pune to attend the case filed by him,

4. Under such pressure, your sister's husband is expected to crack and give her proposal for mutual consent divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12702 Answers
261 Consultations
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1.No.To decide in which Court of the two different states the case should be transferred, the Court superior to state High Courts shall have to be approached,

2. Your sister shall have to file an application before the Supreme Court of India for getting the said RCR case transferred to the Court of your sister's home town on acceptable grounds.
Krishna Kishore Ganguly
Advocate, Kolkata
12702 Answers
261 Consultations
5.0 on 5.0

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