Transfer of matrimonial cases from High Court and Supreme Court

In Mona Aresh Goel v. Aresh Satya Goel, 2000 the transfer petition was filed by the wife to transfer the divorce proceedings taken by the husband in Bombay to Delhi, where she now stays with her parents. The transfer petition averred that the wife has no independent income and that her parents are not in a position to bear the expenses of her travel from Delhi to Bombay to contest the divorce proceedings. She averred that she is twenty-two years old and cannot travel to and stay in Bombay alone for there is no one in Bombay with whom she can stay. The transfer petition was allowed.

In Gargi Konar v. Jagjeet Singh, 2005 the transfer petition was filed by the wife for transfer of Matrimonial Suit Bhatinda, Punjab to Burdwan, West Bengal. The only ground made out in the transfer petition by the wife was that she is a helpless woman fully dependent upon her father and that her financial capacity is not much so that she can contest the proceedings in Bhatinda in the State of Punjab. The Court opined that same is not a ground for transfer at all. Instead directed the husband to pay for her and her companions, to-and-fro and stay expenses on every occasion on which she is required to travel.

In Anju v. Pramod Kumar, 2005 two counter transfer petitions were filed, one by the wife and the second by the husband. The wife approached the Supreme Court praying for the transfer of the case instituted by the husband at Agra, U.P. to Nainital, Uttaranchal. The husband prayed for a transfer case instituted by the wife at Nainital (Uttaranchal) to Agra. Both parties expressed apprehension to go to the other place thus the Court deemed it appropriate if the cases are tried at a neutral place, Bareilly (U.P.).

We here at Chaklan and Associates provide assistance in transfer of cases to make it easier to fight your legal battles.