Caveat India

Can divorce cases be transferred from Supreme Court ?

Very often this particular question is asked ,Can divorce cases be transferred from Supreme Court ? Yes if one party has filed in family court of one state and the other party is residing in another state in such a case a Transfer Petition can be filed in the Supreme Court of India for transfer of a divorce case from one family court of one state to another. Also visit Transfer Petition Lawyers

for any query related to filing transfer petition in Supreme Court.

Grounds for Transfer of a divorce case are

In case of Wife filing transfer petition in Supreme Court

Mainly in case of wife filing a transfer petition of a divorce case in Supreme Court common grounds are

1 wife is non working

2. wife cannot travel alone due to the distance and safety

3. If other cases are pending in the place where the wife resides

4. Child  studying in the city where the wife resides

These are the grounds mainly taken for transfer of divorce petition, however it does not always mean that a transfer petition filed by a wife will be allowed in her favour . It totally depends on the facts and circumstances of a case and moreover  it is the  discretion of the court.

Transfer Petition in favour of Husband

In this landmark judgment of the Hon’ble Supreme Court in In Aninidita Das v. Srijit Das [(180)(2006) SCC 197] the Hon’ble Supreme Court has shown no leniency in favour of the wife and the matter was dismissed in favour of the husband however the husband was directed to pay travel expenses as and when she would attend the case for hearing.

Conclusion for Can divorce cases be transferred from Supreme Court ?

For filing transfer petition with minimum cost kindly call at 9873628941 . Kindly submit your requirements at Transfer Petition Advocates 

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