Can i move the case back to Mumbai, as i am spending huge amount of money to make my parents travel to Delhi and appear in front of the Judge. They are suffering from diabetes and high BP and have to travel. To harass us further she has filled 3 different case 1 DV case against my mother 1 DV case against me and 1 Divorce case, all in separate date and different judge / Case.
You have to file transfer petition before supreme court for all the three cases separately. But remember that the grounds mentioned by you cannot be sufficient or substantial reasons for getting the cases transferred to Mumbai from Delhi. You can file a petition before the same court where the DV case is going on under section 205 cr.p.c. seeking to dispense with the personal appearance of your aged parents on the grounds of their age as well as distance to travel from Mumbai to Delhi.
Also my wife is pushing forward for me to personally attend in Delhi Court whereas I am currently in UK for project assignment. It will be quite challenging to travel at every instance when court requires. This is complete false case against me and my family and we are paying the price to accommodate all her vims and wishes. She and her family has been forcing me to leave my parents who are staying in Mumbai and move to Delhi along with her parents. If I agree to her wish everything is fine.
You may have to manage the situation through your able and efficient lawyer or you may have to come back to India to fight the cases.
Our Mediation process has started last week through Delhi Mediation centre and my wife and her lawyer was insisting the mediator to ensure I come to Delhi for mediation process. My lawyer convinced the mediator with all evidence of child support till day hence mediator agreed for video conferencing. I know the mediation process will not be successful as my wife is demanding absurd amount nearly a crore rupee as well as 1 lakh rupee per month as sustain cost for baby although she is working in Delhi. Also she has requested the court not to allow access to my son.
Dont worry if the mediation process fails, let the cases revert to regular court where you can challenge her false cases effectively.
I spoke to the Mediator about the child custody she said you won’t get the child custody as he is just 4 year kid. I am willing to take all the cost associated with my son but don’t wish to pay my wife. She has already deprived me and my family from meeting or seeing my son for last two years while I was waiting for her to join me in UK.
Should I be filling for babies custody immediately even though the mediation process is ongoing. I have already spoken with my management for moving back to India so that I can apply for my son’s custody. They are willing to accommodate my request.
You can file child custody case immediately with an application for visitation rights to visit the child as an interim relief. The mediator is not a judge of a regular court, hence just ignore the opinion.