If your wife has filed a transfer petition in High Court or Supreme Court, you should contest the same stating that your wife can use video conferencing facilities, if she is unable to appear in person for her cross-examination and there is no need to transfer the case as it would cause great prejudice to you.

Wife cannot just ask to transfer the case in family court and a petition is to be filed in either High Court or Supreme Court to do the same.

The high court has to the powers to transfer of case from one court to another when filed with in the same state.

Sir contest her transfer petition in High court on the grounds that she is doing this to delay the proceedings further obtain the Roznama from the family court to present proof of her absence in proceedings.

Strongly oppose that petition citing the lackadaisical approach of your wife and unnecessary litigation just to harass you and put all the evidence you have on the record.

Hello,

No transfer will be made without serving a notice upon you.

As and when you appear before the court, contest the case of transfer and inform the court that she has been delaying the case since last 2.5 years and this is again her tactics to delay the case.

As such justice system should not be used malafidely.

Take this defense and I am hopeful that the case will not be transferred.

Regards

Petition for transfer has to be made in HC and not family court

2) court can close the cross if wife has not made any attempts to corps’s examine you in spite of repeated adjournments

3) you should oppose wife application for transfer

1. In our judicial system it takes time for coming of final decision.. So you have n option but to wait for this.

2. Your wife has been exploring her legal remedies which she is entitled to and if that is so then you will have to participate in it.

3. Your mistake was to allow the setting aside proceeding for six months. You should have pressurized the judge to close her evidence and dismiss her case for setting aside of ex parte decree.

4. now contest he transfer petition on merit. You have a good case in transfer petition if you could convince the judge that she has no inconvenience to participate in the present proceeding as she ahd been doing this for so many months without any effort to get this case transferred.

Take objection on the transfer stating she is trying to harass you

Dear Sir,

The litigants in India taking advantage of leniency of Indian Courts. The service to be litigants is no more charity. You ought to have approached High Court to dispose your divorce case within time bound as per following circular. The conduct of the litigant is most important as such since your wife’s conduct running negatively you will get success in your future.

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Karnataka Case Flow Management Rules

SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS

the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:

Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

http://www.judicialreforms.in/forums/showthread.php?tid=63

1. As told show to the court that the other party is just delaying the procedure of the court.

2. They may allow the same for your favour.

3. Yes there is a possibility for this.

4. CSR will be of no use for you. Just try and tell the court that she is abusing the process of court.

Yes you can challenge the order of the HC in SC, if order is passed against you.

Regards

The high court would decide the case on merits and would not favour anybody.

The court would either transfer her petition to your place or your petition to her place. Getting stay is highly improbable in cases of transfer petitions.

You should use the complaint given by you to the police against the girl's family in High Court and state that you would have great danger to your life if you visit the girls hometown for your case as it has happened before too.

You can approach Supreme Court if you are not satisfied with the orders of the High Court.

1. Sir high court shall see the merits there are SC judgment wherein it has been held without grounds just for women the petition cannot be transferred submit lower case details for her wilful absence and sole intention to delay the case.

2. That is on decision of high court they can reject or allow the transfer petition.

3.pemding transfer petition the court can grant stay on divorce pending the family court at your place.

4. See the case will start from place it is at your place. Though since she has not filed reply anything if her right of reply is opened in that case yes your time will.go in vain.

5. You can file petition high court.for registration of FIR and in influenced investigation in the matter.

6. If charges are dropped and no complaint is registered.it is not that helpful.

7. Cases at her place quashing in high court can be preferred and for transfer petition once high court decided then you can reach out Supreme Court.

You can take the plea that wife can avail video conferencing facilities

2) no need to remain personally present

3) oppose transfer application on grounds that they are politically influential family , threat to your life rely upon CSR

4) court may transfer case into her home town

5)you can appeal against HC order in SC

1. Your wife has adopted the trick to delay the hearings.

2. Your Advocate shall have to counter her said transfer application tooth and nail which has been filed for dragging the case.

1. Courts do not favour anybody. In one of my cases, the Supreme court refused the transfer application filed by the wife to transfer the divorce case from Howrah court to a court a Himachal Pradesh. Your Advocate shall have to contest the application fittingly.

2. The High Court will either allow your wife's application for transferring the case to the Court of her place or reject it for which you shall have to continue the case at the place already filed by you.

3.& 4. If the case is transferred to your wife's place, it will be continued to be heard from the stage where it is left at the court at your place.

5. & 6. You can use the said CSR and take the plea that your life is threatened at the place of your wife for which the case should not be transferred to her place.

7. If you get adverse order from the High Court, you can challenge the same before the Supreme Court..

Dear Sir,

My answers are as follows:

1) Now will the High Court favor for women on the transfer petition? If,not what kind of evidence can I submit to challenge her petition.

Ans: It will be disposed on merits and you must put your strong defense before H.C.

2) After challenging is it possible that the court can allow me to run the case from my home town or will they suggest me to go to any other cour t near by which is favor for the women.

Ans: If High court do not stay your case then you can proceed with the case.

3) Is there a possibility that the court can put a stay on the old case filed at my home town?

Ans: Yes there is possibility.

4) If so what ever be the struggle I have face in the last 2.5 years to run the case has gone in vain?

Ans: H.C will try to dispose of case before it within short time as it is old one and also direct the trial court to dispose within short time.

5) I have filed a complaint on my wife's family as they came to my dad's last rites and didn't allow me to do it properly and they abused me using bad words and threatened to kill me? But, don't know why the CSR is in Action Dropped status, as the girl's family have political influence which made the compliant inactive.

Ans: You may file private complaint.

6) Can I at least use the CSR for this transfer case petition? This CSR is the only evidence for me as the family came and abused me and not letting me do the lat rites for my dad. will it be helpful?

Ans: Yes you can use.

7) Can I approach Supreme Court challenging my wife's petition and the case she filed in her place?

Ans: If high court gives finding against you then only you can challenge by way of SLP.

If she has file the case number for this transfer petition then your lawyer can argue that in the absence of any stay, the case has to proceed.

If no number has been mentioned and it was an oral statement, then the court need not abide by that, you advocate may insist to .set her exparte and proceed with exparte evidence.

At times such cases will end up in more bitter note, hence you may have to practice yourself to become familiar with such worst situations too.

1. Generally the high court will decide in favor of the women on such transfer petitions especially if the women are unemployed and would come out with more such substantial reasons.

2. Very less chances however you can put up a strong argument on the basis of the time taken to drag on and approaching the high court at a belated stage.

3. Yes.

4. You can continue at the new place in the same stage.

5. You can enquire the same from the local sources.

6. This will not come to your rescue in the transfer case.

7. you may not get a favorable decision through supreme court too.