AI Overview...
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Transfer Petition Dismissed - The majority of cases involve the dismissal of transfer petitions filed by the wife seeking to transfer ongoing legal proceedings such as divorce, family law, or restitution of conjugal rights cases. Courts generally did not find sufficient grounds to transfer cases from one jurisdiction to another, citing reasons such as willingness of the respondent to bear expenses or lack of evidence of harassment or inconvenience. Examples include cases from Nagpur, Bangalore, Jaipur, and other locations where the wife's transfer petitions were dismissed Eluri Raji Reddy VS State Of Delhi - Supreme Court, Kakali Pal VS Balai Chandra Pal - Supreme Court, G. Lavanya VS Bindu @ R. Sakthivel - Madras, Priyanka Batra VS Manish Batra - Supreme Court, K. G. Priya VS V. Balasubramanian - Madras, Santosh Kumar VS Shankar Singh Tanwar - Rajasthan, Kusum Saboo VS Rajendra Saboo - Rajasthan, H. Nisha @ Nivethitha VS S. Ramarajan - Madras, Mathiijjina Divya VS Ijjina Earnest Paul - Andhra Pradesh.
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Exception - A notable exception is Petition No. 1264 of 2019, where the transfer petition filed by the wife was allowed, and the husband's petition was dismissed. This indicates that in certain circumstances, courts may favor the wife's request for transfer, possibly based on specific facts or legal considerations presented in that case Shruti Kaushal Bisht VS Kaushal R. Bisht - Supreme Court.
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Legal References - Several cases cite relevant legal provisions, such as Section 13(1)(ia) of the Hindu Marriage Act and Section 24 of the Civil Procedure Code, indicating the legal framework governing transfer petitions in family law matters.
Analysis and Conclusion:
The overarching trend shows that transfer petitions filed by wives are predominantly dismissed unless compelling reasons are demonstrated. Courts tend to favor maintaining the status quo unless clear evidence of hardship or inconvenience is presented. The decision in Petition No. 1264 of 2019 serves as an important exception, highlighting that transfer petitions can be granted under certain circumstances. Overall, the legal approach emphasizes stability and considers the specifics of each case when deciding on transfer petitions references as above.
Search Results for "Transfer Petition Filed by Wife is Dismissed"
2004 0 Supreme(SC) 477 • India - Supreme Court
The Transfer Petition filed by the wife was dismissed. ... C., Section 13 (l) (ia) of the Hindu Marriage Act] - The court allowed the transfer petitions filed by the husband, transferring ... Fact of the Case: The husband filed transfer petitions for cases pending in New Delhi to be transferred t....
2005 0 Supreme(SC) 1939 • India - Supreme Court
S.N.VARIAVA, H.K.SEMA
A374 of 2004 - The court dismissed the transfer petition filed by the wife, as the respondent was willing to pay all expenses for ... Final Decision: The Transfer Petition stands dismissed. ... Fact of the Case: Wife filed a petition for transfer of case from Nagpur, Maharashtr....
2005 0 Supreme(Mad) 323 • India - Madras
R.BALASUBRAMANIAN
Transfer Petition - Divorce Case - The court dismissed the transfer petition filed by the wife to have the divorce case withdrawn ... Fact of the Case: The wife filed a transfer petition seeking to have the divorce case withdrawn from the Sub-Court, ... Finding of the Court: The court ....
2005 0 Supreme(SC) 1851 • India - Supreme Court
S.N.VARIAVA, H.K.SEMA
Transfer Petition - Transfer of Case - The court dismissed the transfer petition filed by the wife seeking transfer of a case ... Fact of the Case: The wife filed a Transfer Petition seeking transfer of a case from Bangalore to Jabalpur, statin....
2004 0 Supreme(Mad) 1556 • India - Madras
A.K.RAJAN
Transfer Petition - Family Law - The court dismissed the transfer petition filed by the wife to transfer the proceedings from ... Fact of the Case: The wife filed a petition to transfer the proceedings from Sub-Court, Arni to Sub-Court, Gudiyattam ... Finding of the Court: The ....
2006 0 Supreme(Raj) 1655 • India - Rajasthan
N.K.JAIN
Transfer Petition - Section 24 of the Civil Procedure Code - The court dismissed the transfer petition filed by the wife, citing ... , and dismissed the transfer petition. ... Fact of the Case: The petitioner wife filed a transfer petition unde....
1996 0 Supreme(Raj) 1238 • India - Rajasthan
P.C.JAIN
Transfer Petition - Hindu Marriage Act - The court dismissed the transfer petition filed by the wife seeking transfer of the divorce ... Fact of the Case: The wife filed a petition seeking transfer of the divorce case from Jaipur to Udaipur, citing inconvenience ... Finding of t....
2018 0 Supreme(Mad) 2179 • India - Madras
T.RAVINDRAN
Transfer Petition - Restitution of Conjugal Rights - The court dismissed the transfer petition filed by the wife seeking transfer ... The court dismissed the transfer petition as the wife failed to provide acceptable evidence of harassment or threat from the husband ... Fact of th....
2020 7 Supreme 508 • India - Supreme Court
V.RAMASUBRAMANIAN
Petition No. 1264 of 2019 filed by wife is allowed and transfer petition No. filed by husband is dismissed. ... came up with the Transfer Petition No. - Transfer petition was filed in first week - Wife, perhaps as a counterblast, filed a #HL_STAR....
2023 0 Supreme(AP) 311 • India - Andhra Pradesh
BANDARU SYAMSUNDER
is hereby dismissed ... Family Court, and issued notice - Held, Wife to transfer restitution of conjugal rights petition, filed by husband to the Family ... Court husband already filed petition for restitution of conjugal rights against wife before Family Court - Desirable to transfer ... In the result, the Transfer....
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