Transfer of a divorce case by a high court bench that is out of jurisdiction

Dear Client,

Under section 24 of Civil Procedure Code, the matter is probably being transfered within the same state because the High Court has granted your wife's appeal in the transfer order.

You can also file a Review Petition in the High court that issues the transfer order if you were not given a fair opportunity to be heard or if new information has emerged that the High Court failed to consider. You must claim that the transfers cause extreme hardship to you for work constraints or any other justification the court deems appropriate; you must assert that the transfers will cause you immense hardship.
For further detailed discussion and legal guidance you can contact OLQ team .

Dear client,

Once the High Court permitted the transfer application made by your partner to move the divorce suit to a new location, then (from a legal perspective), it is no longer before the Raichur Court because the Raichur Court becomes impotent because it no longer has jurisdiction over this matter due to the transfer.

If there was an order made by the High Court of Karnataka (Dharwad Bench) to allow the transfer, then you cannot get it reversed at the same lower court, and the only option available to you legally is to contest the order by filing a Special Leave Petition (SLP) to the Supreme Court of India under Article 136 of the Constitution of India.

In matrimonial matters, the courts favour the convenience of the wife, especially when she has claimed that it would be difficult for her to travel. Thus, transfer applications made by a wife are usually granted unless the husband can prove that the transfer application has been abused or the husband would suffer undue hardship as a result of the transfer.

If you believe that the Order of Transfer was made errantly, (whether by lack of hearing or inaccurate facts), you should contact a solicitor (as then you will have legal recourse to consider challenging the Order of Transfer to the Supreme Court of India).

Realistically, however, you will have to litigate your Divorce Action in the new jurisdiction in which it has been transferred. If you are having issues with travelling due to the distance, you can ask to have the proceedings conducted by way of videoconferencing.

If you have any query please feel to contact us.