Caveat India

Transfer Petition in Divorce Cases

Transfer Petition in Divorce Cases in Supreme Court

Transfer Petition in Divorce Cases in Supreme Court in divorce cases essentially means when a divorce cases is filed in one state and the wife resides in the other state or the wife files a divorce case in one state and the husband resides in another state, either the husband or wife who feels or has grounds enough to contest may present a transfer petition of the divorce case.

Transfer Petition filed by wife-Transfer Petition in Divorce Cases

When a wife prefers to file a transfer petition in supreme court , it is usually easier to get it transferred considering a few factors which usually the wife contents in her grounds for transfer

  1. When she has already filed a case of maintenance or a domestic violence case already pending in her city
  2. When she contends that it is unsafe to travel all alone
  3. when there is fear of threat to life
  4. when she has custody of child and the child is staying with her
  5. When she is unable to bear expenses of travel
  6. When she has been deserted by the husband

Transfer Petition filed by Husband-Transfer Petition in Divorce Cases

It is always difficult for a husband to succeed in a transfer petition case but these vary from facts and circumstances of each case. Husbands should not feel that cases are transferred mechanically , there are cases where the court has considered that the transfer should not be allowed. In fact at present courts are allowing video conferencing facility to husbands as an alternative which also reduces costs for travel . Infact there are cases where due to threat from the wife and her family courts have transferred to a neutral place. These are common nowadays however there should be some kind of truth in whatever is being presented before the court and pressed upon. Therefore it cannot be said that husbands are at a disadvantageous position in transfer petition cases.

If a wife has filed a divorce petition in a place where neither she resides or the husband resides thats a good ground for transfer as was in the case of Dipankar Ghosh vs Moukhi Dutta wherein the case was transferred from Agartala family court to Hyderabad considering that neither of the parties resided in Agartala. In fact the wife resided in hyderabad and it was only to harass the husband the divorce case was filed in Agartala.

 In the case of Gayatri Mohapatra v. Ashit Kumar Panda (2003)11SCC73, the Hon’ble Supreme Court  allowed the transfer Petition of the husband and allowed the transfer petition with the condition that he pays for the travel expenses and boarding and lodging.

Mediation in Supreme Court

It is most often that parties request the Hon’ble Court for referring the matter to mediation as there are always chances of amicable settlement. Since a party files for transfer of a divorce case  when the  divorce case itself is a fresh one so parties usually feel that more time should be given and see the pros and cons of the litigation, but that usually stretches the litigation. It is always better to use mediation as a tool to help parties sort out their differences and settle the matter. It is also the skill of the mediator which plays a big role to settle matters.

The Hon’ble Supreme Court has  in Krishna Veni Nagam v. Harish Nagam AIR 2017 SC 1345 stressed on the use of technology and appearance  through video conferencing.

For more information for filing transfer petition kindly click here

You may also call at 9873628941 for any kind of information and for assistance in filing transfer petition cases before the Hon’ble Supreme Court of India.



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