Legal Question in Family Law in India
I filed a Divoce Case from Mumbai on Nov' 2009
My wife filed a false DV Case from Tamil Nadu on Apr' 2010.
She received my case during Jul' 2010 and from that her lawyer only appeared for 2 hearings.
But she never appeared yet. In last hearing her lawyer said to the judge that they are going to supreme court for transfer of case.
My lawyer says that:
getting transfer in supreme court is not that much easy......
as we filed the case first and also my wife is earning and in good health condition....
it can be transfered only on a good cause and it is not like transfer by wife can be easy........
It seems like that they are trying to delay my case in Mumbai (not to allow it as exparty) so that they can speed up their case in TN
Please let me know till how long they can take excuse of saying the reason that they are in process of getting transfer in supreme court.
(My lawyer was saying something in 90days from the date of they receive the pettition she should appear. otherwise there is an option of filing an affidavit... What is that about?)
1 Answer from Attorneys
sir,
in my opinion, the transfer should not be difficult for the wife. In matrimonial dispute the supreme court would look into the fact where the wife is currently residing and normally merely on an application without even notice to the husband, the supreme court would transfer the matter. 90 days period is also, now, held to be discretionary and not mandatory. Mumbai court has the discretion to extend the time beyond even 90 days looking into the facts of the case.
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