• Regarding case transfer as father was transferred to another city

My father got transferred to raipur c. g.. After filing 125 case for my sister in bilaspur.
Is it possible for us to transfer this case from bilaspur when: 
1. Her husband is in puna
2. Marriage took place in puna. 
3. At the time of marriage my sister and parents stayed in bilaspur
4. My sister is unemployed and is in raipur

Also if we file for divorce, whether case 125 needs to be cancelled or continue. 
Can you please suggest someone to connect with for RCR transfer from pun a to raipur/bilaspur chhattisgarh
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) You can get the case transferred. If it happens to be in the same state you need to move an application before the High Court to get this done. If the transfer is out of state you need to obtain approval of the Supreme court of India.
2) The case can get transferred to where your sister is staying.
3) To transfer RCR from Puna to Raipur and if it's interstate you will need to file a portion before the Supreme Court.
4) You don't need to cancel the portion under section 125 even if you file for divorce. You can file for divorce where your sister is staying currently.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1) you have to contact SC lawyer for transfer of case from pune to Bilaspur 

2) even if you file for divorce section 125 cr OC case can continue 
Ajay Sethi
Advocate, Mumbai
46626 Answers
2757 Consultations

5.0 on 5.0

Hi, you have to file a transfer petition before the Hon'ble Supreme Court to transfer the case from Bilaspur to Raipur.

2. Even though you can file divorce petition you need not withdraw the petition for maintenance under section 125 of the Cr.p.c.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

The 125 case can be filed from the place where the petitioner/claimant resides at the material point of time.
So your sister can apply for transfer of the case from Bilaspur or Raipur in the High Court if both the cities falls under the same state.
Devajyoti Barman
Advocate, Kolkata
13109 Answers
174 Consultations

5.0 on 5.0

1.You can transfer the case from Bilaspur to raipur also on the ground that she is dependent on her father who now hot transferred to Raipur,

2. Since Bilaspur and Raipur Courts come under the High Court of Chattisgarh sate, the application for the said transfer shall have to be filed before the state High Court,

3. If the case has not yet been transferred to Bilaspur from Pune, file the transfer application before the Supreme Court praying for transferring the case to Raipur,

4. For filing divorce suit, the application filed u/s125 is not required  to be withdrawn.
Krishna Kishore Ganguly
Advocate, Kolkata
18730 Answers
452 Consultations

5.0 on 5.0

1. Your sister can move the SC to get the case transferred to her city.

2. The divorce and maintenance proceedings are two different substantive proceedings which can operate with full vigour in their respective fields untrammelled by any other case.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

She has filed the case at Bilaspur, since both the cities, i.e., Bilaspur and Raipur are in the state of Chhattisgarh, she can very well file a transfer petition before Chhattisgarh high court seeking transfer of geh case from Bilaspur to Raipur giving convincing reasons in the form of affidavit. 

The divorce case has got nothing to do with 125 cr.p.c. case, both can continue together.

For a case to be transferred from Pune to Raipur, a petition for transfer is to be applied before supreme court only . 
T Kalaiselvan
Advocate, Vellore
36746 Answers
403 Consultations

5.0 on 5.0

Dear Querist
The Supreme court have power to transfer the case from one state to another, the case filed by the women may be transferred by SC with the reasonable ground, file a transfer petition civil before supreme court.

if divorce case be filed then there is no effect on maintenance case.

Feel Free To Call
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
224 Consultations

4.9 on 5.0

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