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Author Topic: About divorse case transfer to a different state  (Read 815 times)

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Offline murugasaveus29

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About divorse case transfer to a different state
« on: April 11, 2017, 09:31:23 PM »
My daughter'a divorse case is currently in the court.My son-in-law had filed the case. We wanted to transfer the case from our hometown in Tamilnadu to Karnataka.

Current status of the case is pending enquiry from son-in-law's side. In last hearing we had filed our reply to the divorse petition and now the enquiry is yet to start on the other side.

Question is, is it sufficient if we tell the judge that we want to transfer the case to different state and will he put the case on hold and doesn't start the enquiry from the guys side? Or is it required to provide the judge the proof of application that we have applied for the transfer?

And roughly what will be the charges incurred for the case transfer from tamilnadu to karnataka?

Thanks in advance.

Offline advocate.kapilc

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Re: About divorse case transfer to a different state
« Reply #1 on: April 12, 2017, 04:40:24 AM »
Sir,

I think you need to come to Supreme Court for transfer of the case. You cannot anticipate the results before hand.... It will always depend on case to case .... For my assistance here in Supreme Court, you can contact me ....

Warm Regards
Kapil Chandna Advocate
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https://kapilchandnaadvocate.wordpress.com/

Offline adv.amarnath

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Re: About divorse case transfer to a different state
« Reply #2 on: April 22, 2017, 11:06:07 AM »
Yes, you can file a petition under Section 25 of CPC for transfer of divorce case at wife's place and SC will allow such petition.
Regards,

Amarnath Sanyal
Advocate
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Offline Advocate M.Bhadra

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Re: About divorse case transfer to a different state
« Reply #3 on: April 22, 2017, 07:50:15 PM »
File a Petition in Supreme Court u/sec.25 CPC-----------

*Power of Supreme Court to transfer suits, etc.- (1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceedings be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by motion which shall be supported by an affidavit.

(3) The court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either re-try it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such Suit, appeal or proceeding

M.Bhadra, advocate at Kolkata

Offline advkhanna

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Re: About divorse case transfer to a different state
« Reply #4 on: April 24, 2017, 12:04:45 AM »
I can file for transfer of petition for you in supreme court. I am a lawyer from sc.

In such cases supreme court normally favours the wife

 

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