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Child Custody

Help me on supreme court transfer petition

Hi, My wife has deserted 2 kids and family, left kids at day care center, prepared MoU e-mailed me and left home in year 2019 since her aim was/is just to extract money from me, she filed dv in March 2019 at pune, on cruelty, until date not a single allegations were proved since all were Fabrigated, subsequent i filed divorce petition at pune 2019. Both are at stage of cross examination with no maintenance approved by Honble both courts (considering MoU of desertion done willfully), now in sept 2020 I got transferred from pune to noida and later during covid situation lost my job there, since October 2020 i have been staying in Jharkhand with my old and fragile old parents who are 70+ bed ridden, also kids are with me at Jharkhand, in year Oct 2020 i had filed another petition under guardian and wards act section 7 (kids custody), which was at jharkhand state So sequence is like this 1 - wife deserted fanily kids in year 2019 March, emailed her signed MoU stating she is leaving home willfully 2 - wife filed DV on cruelty, which is ongoing and at cross examination stage 3 - I had filed divorce petition on ground of cruelty with kids and family, many kids humiliation medical reports are there which proves wifes actual face, even panel of doctor's gave witness about cruelty with kids done by wife for year 4 - post i lost my job came to home town, Jharkhand to see parents' who are 70+ mostly down and fragile, kids are studying doing well here at jharkhand in year 2020 Oct I filed petition under guardian and Wards Act sections 7 for custody Now to transfer the kids custody case from Jharkhand to Pune wife has filed stay on Jharkhand case and also a transfer petition, which led to immediately stay on my jharkhand case and also there is a transfer petition summon came to my house, at Jharkhand, what are the ways to stop this tranfer and ensure my jharkhand case dont get tranfer to pune, at any means and ways i want supreme court not to pass any such order where my financial status during covid is badly hampered, kids are small, old parents are down due to health condition and i have no other way to leave all family situation at jharkhand, and wife who is free with no responsibility on head at pune is a free bird Please help on the supreme court transfer petition, ways and process where it must not be transferred from Jharkhand to pune

( Ranchi, Jharkhand )

4 years ago

Reply

Hello.

1) she need not attend court personally in Jharkhand right now (COVID-19)

2)You can oppose application for transfer on grounds that wife can avail video conferencing facilities. You can take grounds regarding your health, work, taking care of parents, illness of parents, among others.

3) First challenge the transfer petition in the respective HC, and if decision is against you, then approach the SC challenging the same. SC has in some cases rejected transfer application and directed spouse to avail video conferencing facilities.

4)As per law father is the natural guardian of child above the age of five years so there was no reason to file custody case by you claiming custody of children.

Vidhikarya

Helpful

she filed DV case in pune
you filed divorce in pune
now you filed child custody case in jharkhand. what was purpose of it if kids was with you only ?
if you are fighting your own case in pune then how another case is maintainable in jharkhand ?
if you unemployed and she want to extract money, from where ?

lastly, hajmola will file case on you because it failed to digest that she did 2 kids with aim was/is just to extract money.

budback.

Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice

Vidhikarya

Helpful

See no matter what advice I or for that matter any advocate gives you here it wont be of much value if you choose to appoint a AOR or a senior advocate to contest your case in SC. It is so because ultimately it your appointed advocate who will contest the case as per his understanding of law and fact.

Nevertheless if you want to contest the case by yourself then the following facts may be of use to you:
The prima facie case of yours is that your wife has abused your child and that would a strong reason why you should be granted custody rights. If that is so then to leave or take your child with you to pune is not only fought with health risk but also expense which is very difficult to bear for a person who is jobless and also who has to support his old and ailing parents.

Second as rightly pointed out by my other Learned Seniors in here the wife can be given the option to choose video conferencing mode to attend hearing in jharkhand.

Third the MoU you talked of clearly is exculpatory as far as cruelty is concerned on your part and is a clear and cogent proof of her deserting you and your family out of volition.

Taken all these facts and others it would be a cakewalk for you to get the transfer petition rejected if you can present the case suitably.

#ChildCusotdy
#freeLegalAdviceOnChildCustody

Vidhikarya

Helpful

As per law father is the natural guardian of child above the age of five years so there was no reason to file custody case by you claiming custody of children. You are required to oppose petitions filed by wife so in supreme court you should oppose her transfer petition.

Vidhikarya

Helpful

Hii,
Firstly, you can oppose the transfer petition on the grounds regarding your health, work, taking care of parents, illness of parents, etc. Secondly, the wife can avail video conferencing facility and she need not travel to Jharkhand. You should approach the SC stating your grounds. SC has in some cases rejected transfer application and directed spouse to avail video conferencing facilities.

Vidhikarya

Helpful

Hi,
You can oppose application for transfer on grounds that wife can avail video conferencing facilities. You can take grounds regarding your health, work, taking care of parents, illness of parents, among others.

1) she need not attend court personally in Jharkhand

2) First challenge the transfer petition in the respective HC, and if decision is against you, then approach the SC challenging the same. SC has in some cases rejected transfer application and directed spouse to avail video conferencing facilities.