Legal Question in Family Law in India

Hi,

Few days back, I posted the following question:

My husband and myself last resided together in Hyderabad. I moved to Bangalore in April 2010 with my children due to job transfer. My husband filed two cases in Family courts of Hyderabad for obtaining injunction on the properties held on my name. He filed at two courts because of the jurisdiction each court has on the properties.

I had been working at Bangalore since April 2010 and my children are going to schools in Bangalore. Can I get the cases transferred to Bangalore? Though they come under jurisdiction on Hyderabad?

Thanks

For this, I got the following answer [Thanks Vishwa Arya].

Yes, you may get the cases transferred from Hyderabad to Bangalore, but, the power to transfer of cases from one state to another, lies only with the Supreme Court of India at New Delhi. This privelege is very normally exercised by wife(s) on the ground that the cases arising out of matrimonial disputes or offshoots of such dispute may also have jurisdiction where the wife is currently residing or working for gain. In your case you are residing as well as working for gain at Bangalore and the child is also studying at Bangalore.

For supreme court you may file an application online also, in person or through a lawyer from bangalore who is registered for online submissions. Since it is a very normal practice, it may not be a bad idea for you to request yourself for transfer of cases giving the particulars of both the cases, their title, court, case numbers, pending before which judge, next date of hearing etc.

Now, I've the following question. My lawyer at Supreme court is requesting for the transfer on the following grounds - "Petition under Article 139�A of the Constitution of India read with section 25 CPC and Order XXXVI-A of the Supreme Court Rules 1966 seeking transfer of , , etc....to a Court of competent jurisdiction/ Family Court at Bangalore/ Bangalooru (Karnataka State). "

Is this correct. Or should the petition be filed any different? Please advice.

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