Legal Question in Family Law in India
Sir,Just now i am residing at Vadodara with my father and mother.My husband has filed divorse case against me in Ranchi.Than i have filed transfer petition of case from ranchi to Vadodara because i have 02 years old baby and it's not possible to go Ranchi for me as i am female.Same time my husband has put stay orders on this petition.Parallaly Hearing for this stay orders continued and judge has advised for settlement but during mediation it was not success.now 02days befor my hearing was in supreme court and judge has told to my advisor that if we responded provide facility like hotels charges,to & fro rent etc.than are your petitioner ready to come at Delhi or Ranchi for attand case.Than my lawyer has tell them i will reply within next 10 days after confirming with my petitioner.Now i am not ready to go there in any circumtances due to my small daughter and i have also replied to my lawyer that i will not attand this case either in Ranchi or Delhi.Now let me know sir if i am refused to attand the case in Ranchi or Delhi after giving facility option by opposition what will happen?My case was continue in Vadodara or Somewhere else.In last hearing they have also excuse that both parties doesn't know Gujarati and Knows Hindi very well.So if case running in delhi Or Ranchi than it is well & good for proper understanding But just now our stay order case running in english and we both know english very well.Than if case running in english than i am ready.Is this excuse is valid?Let me know the brief details.
4 Answers from Attorneys
You do not need to agree on any of the suggestions. The Hon'ble Supreme Court is very clear on this aspect, that the case is to be transferred to where the Lady resides.
He has forced you to stay with your parents, so he must come to Vadodara.
See frankly speaking it is you where you want to fight your case. What my advise would be if you get your case transfered to the family court where you stay it would be better for you as you will first be avoiding travelling with your child and will also be avoiding other problems.
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You can insist beofore Ho. SC that you want the cases to be heard at Vadodara only.
In any case pl. follow the advice of your lawyer who is best judge aboout your case. Please however contact me at Baroda on 09426334688 if you need any professional; help
In any case pl. follow the advice of your lawyer who is best judge aboout your case. Please however contact me at Baroda on 09426334688 if you need any professional; help
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