Transfer of divorce case
I was married 2 years ago through special marriage act. We had problems in our marriage from the beginning itself but used to resolve it by ourselves. My in - laws are causing troubles in my marriage and at first my husband was not able to understand it. Later he came to know their true color and he told me not to live with them and we moved to another house. After 1 year of my marriage he went to abroad for a new job and now I am staying at my parental home.
But now what happened is that his family want him to divorce me. So they brainwashed him and he filed a divorce petition in a family court at this district. The allegations in the petition were false and manipulated. And I have all the evidence to prove it wrong. (Phone call recording, whtasapp message etc)
When I got the divorce notice from the family court I hired a lawyer from my town. She told me that I should first apply for the transfer of the divorce case to the place where I am residing now since I am a final year thesis student and need to be at the college, so it will be difficult for me if the case was there at his place. There is a distance of more than 250 km from our places. More over he is now in Qatar so it wont be difficult for him to travel to both places since there is an international airport in my place too.
So now my lawyer had filed a transfer petition in high Court of kerala and got an interim order of stay of proceedings before the family court.
And my quires are:
1) how long will it take the case to tranfer to the family court at my place?
2) is there any chance that the high Court will deny the transfer?
3) after obtaining the stay order what will be the next steps for the transfer? Is it compulsory that my husband should present at the court if he need to oppose the tranfer or can his lawyer appear on behalf of him?