5 Easy Ways You Can Defend Transfer Petition (100% Must read)
When wife files the transfer petition in Supreme Court usually husband is defenceless, although husband receives the summons from the Supreme Court if the transfer is from one state to another, here are some of the judgments which can helpIn Gayatri Mohapatra v. Ashit Kumar Panda : (2003)11SCC731 , the Supreme Court has found that the wife is a Director in a Company run by her mother travelled from place to place and could not be permitted to state that she was incapable of travel as a ground to seek transfer of the husband’s caseIn Teena Chhabra v. Manish Chhabra (2004) 13 SCC 411, the Supreme Court accepted the husband’s offer to bear the expenses for the travel, boarding and lodging of the wife and dismissed her transfer petition on the ground that she had no source of income to travel. In M. Sivagami v. R. Raja : (2005) 12 SCC 301, the Supreme Court disallowed the wife’s transfer application based on monetary grounds directing the husband to pay her litigation costs and also to cover her costs and expenses and those of her witnesses. In Kanagalakshmi v. A. Venkatesan : (2004) 13 SCC 405, the Supreme Court again accepted the plea of the husband that he would bear the expenses not only for the wife but also her companion for their travel and stay at the place where the case was pending and accordingly dismissed her transfer petition. The same principle was reiterated in Priyanka Batra v. Manish Batra (2005) 12 SCC 236; Kakali Pal v. Balai Chandra Pal (2005) 12 SCC 216; Anuradha Dutta v. Subash Chandra Dutta (2004) 13 SCC 694; Sarita Singh Alias Babli Baghel v. A.P. Baghel (2005) 12 SCC 376; Kamudi Aurora v. Surinder Pal Singh Aurora (2004) 13 SCC 634 and Gargi Konar v. Jagjeet Singh (2005) 11 SCC 446. In Preeti Sharma v. Manjit Sharma (2005) 11 SCC 535, the Supreme Court observed that merely because the petitioner was a lady it did not mean that she could not travel to another place and that, at the highest, she could be paid expenses for her travel and stay. In Premlata Singh and Ors. v. Rita Singh : (2005) 12 SCC 277, the Supreme Court directed the transfer of the case taking into account the fact that the wife was undergoing treatment for kidney failure. In Usha George v. Koshy George : (2000) 10SCC95, the Supreme Court has found that a number of hearings had already taken place held that it was not proper to transfer the proceedings to any other Court. In Anindita Das v. Srijit Das : (2006) 9 SCC 197, the Supreme Court found that leniency to ladies shown by the Court in transfer matters was being often misused and taken advantage of by women. Stating so, the Court observed that it was required to consider each petition on its merit. On the facts of that case, the Court found that the grandparents were available to look after the six-year-old child and taking note of the husband’s offer to bear the expenses for the wife’s travel and stay along with her companion, rejected her transfer application based on those grounds. In Eluri Raji Reddy and Ors. v. State of Delhi and Anr. : (2004) CriLJ2555, the Supreme Court found that as the wife had a house in Andhra Pradesh and her parents were living there it would be proper to transfer the cases filed by her at Delhi to a Court in Andhra Pradesh as sought by her husband. In Neelam Bhatia v. Satbir Singh Bhatia : (2004) 13 SCC 436 the Supreme Court taking note of the fact that the case had progressed to the stage of trial disallowed the wife’s transfer application, directing the husband to bear the travel and incidental expenses of the wife and her companion. In Meenakshi v. Mukesh Kumar : (2004) 13 SCC 497, the Supreme Court accepted the statement made by the husband with regard to the safety and security of the wife and that he would bear her conveyance charges and disallowed the wife’s transfer application. From an overview of the aforestated Judgments, it is clear that there is no hard and fast rule that can be applied in cases of this nature. Each case would ultimately turn on its own special facts and circumstances and must be dealt with accordingly.
Read Also:-Transfer petition in favour of the wifeIn this regard, reference may be made to the Judgment of the Supreme Court in Kulwinder Kaur v. Kandi Friends Education Trust: AIR2008SC1333. The Supreme Court, while dealing with the power of the Court to transfer suits, appeals or other proceedings under Sections 24 and 25 of the Code, observed that the discretionary power of transfer of cases cannot be imprisoned within a straitjacket of any cast-iron formula unanimously applicable to all situations and that it cannot be gainsaid that the power to transfer a case must be exercised with due care, caution, and circumspection. The Court indicated certain broad propositions as to what may constitute a ground for transfer. These are balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; issues raised by the parties; reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending; important questions of law involved or a considerable section of public interested in the litigation; ‘interest of justice’ demanding for transfer of suit, appeal or other proceeding. The Court stated that the above was only illustrative and were not to be treated as exhaustive. The Supreme Court also observed that normally while making an order of transfer, the Court may not enter into the merits of the matter as it may affect the final outcome of the proceedings or cause prejudice to one or the other side but at the same time an order of transfer must reflect application of mind by the court and the circumstances which weighed with it in taking the action.
Typical Transfer petition Grounds Taken By Wife Are Below:-o Having a child o Travel is unsafe being a lady o Expenses required for travel o A threat to life at Husband’s place o Husband is very influential in his place o Inconvenience to travel a long distance Counters for the above Transfer petition Grounds
COUNTER OF POINT 1:
- One of the parents of the wife can look after the child and another can accompany her. Some of the precedences where this court has taken a similar stand are listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 27 OF 2005)
- Just because she is a lady does not mean that she cannot travel a distance of just 8 hours. Supreme court also accepted this fact recently while disposing of the “TP (CIVIL) NOS.117-118 OF 2004” while passing the following order.
COUNTER OF POINT 3:
- Ready to pay all expenses but mention that this will be paid on actual. Husband is willing to pay reasonable expenses to wife whenever she is required to travel for these cases. Some of the precedences where the Supreme Court has taken a similar stand is listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 23 OF 2005, TP(C) No. 24/2005, TP (CIVIL) NO. 27 OF 2005, TP(C) No. 61/2005, TP (Civil) No.66 of 2003, TP (Civil) No.136 of 2003, TP (CIVIL.) NO(s). 212 OF 2006, TP (CIVIL.) NO(s). 142 OF 2005, TP (CIVIL) NOS.117-118 OF 2004, TP NO..416 OF 2004, T.P.(C) No. 489 OF 2004, TP (CIVIL.) NO(s). 561 OF 2004, TP (CIVIL.) NO(s). 191 OF 2005, TP(C) NO.195 OF 2005, TP (CIVIL) NO.243 OF 2005, TP (CIVIL.) NO(s). 245 OF 2005, TP(C) NO.246 OF 2005, TP (CIVIL.) NO(s). 302 OF 2005, TP NO.393 OF 2005, TP (C) NO. 414/2005, TP (CIVIL) NO.459 OF 2005, TP (C) NO. 564 OF 2005, TP (C) NO. 686 OF 2005, TP (CIVIL.) NO(s). 698 OF 2005, TP (CIVIL.) NO(s). 722 OF 2005, TP (CIVIL) NO.725 OF 2005, TP (CIVIL.) NO(s). 741 OF 2005, TP (CIVIL.) NO(s). 743 OF 2005, TP (CIVIL.) NO(s). 746 OF 2005, TP (CIVIL.) NO(s). 759 OF 2005, TP (CIVIL.) NO(s). 769 OF 2005, TP (C) NO. 798 OF 2005).
- You have to mention that you too face a threat at her place. You need to argue that in that case should be transferred to a neutral place where both husband and wife can fight the legal battle peacefully. There is a judgment on this. Will be provided on request. Please note that in this case, you have to give her travel and stay expenses. But this should be a last-ditch effort. You should not mention this point of the neutral place in the petition. In case your lawyer feels that the judge may transfer the petition then only this method should be used.
- You have to mention that the wife’s family is also influential in their place. You need to argue that in that case it should be transferred to a neutral place where both husband and wife can fight the legal battle peacefully. There is a judgment on this. Will be provided on request. Please note that in this case, you have to give her travel and stay expenses. But this should be a last-ditch effort. You should not mention this point of the neutral place in the petition. In case your lawyer feels that the judge may transfer the petition then only this method should be used.
- The distance between place A and B are not so far that it will cause inconvenience to wife. Some of the precedences where this court has taken a similar stand are listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 23 OF 2005, TP (C) No. 61/2005, TP (Civil) No.66 of 2003, TP (CIVIL.) NO(s). 142 OF 2005, TP (CIVIL) NOS.117-118 of 2004).