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 2 years ago in Family Law from Mumbai, Maharashtra
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
Can I go to Bilaspur (c. g.) high court or high court in maharastra to transfer this case.
Asked 2 years ago
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
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
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.
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.
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 .
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.
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.
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.