• Transfer case from one state to other

Hi All,

My divorce petition is moved as xparty for judgement now to next month.. if other party gets order from supreme court for transfer / stay of case to their city in between, is it allowed now even though the case is posted for judgement by city family court. case will be transferred?. Please suggest.

Thanks..
Asked 8 years ago in Family Law
Religion: Hindu

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20 Answers

Hello,

it will be difficult to get the case transferred when the same has been reserved for judgment. Transfer can only be given effect to before marking appearance in the court.

However, if you can show to the court that you gained the knowledge of the case just now then you may move to the SC for transfer. If the notice of summon has been deemed then it will be difficult

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If exparte is not yet awarded court will take note of the higher court orders and acts accordingly.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Supreme Court would not direct transfer of case

2) it would direct other party to avail video conferencing facilities

3) personal presence of other party would not be necessary

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

If the matter under ex parte, this mean other party is fully avoiding case proceeding. under these circumstances court don transfer cases and also when its in disposal stage.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi

Yes the case may be transferred as the sessions court cannot deny the orders of Apex Court.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You should move the transfer petition immediately before the Supreme Court to get the stay order as well as transfer of 498A to your city.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

Hi, if they obtained a stay order from Supreme Court , the ex- party order will be stayed .. The ex- party order cannot be passed if they contest the divorce petition ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Yes, this is allowed.

This case can be transferred even in between though the case how now been declared as exparte and posted for judgement.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Cases will be transfered any time before judgement if court feels it necessary

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Yes, if the judgement is not passed by the time of passing of judgment then it will be transferred and fresh hearing in the transferee court can be made unless ti again proceed with ex parte.

If the judgment is passed and then transfer order is passed then the order become infructuous.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Notwithstanding that the case is posted for ex parte judgment/order the other party is not precluded from filing a transfer petition in the SC.

2. File a caveat if you want to preempt an ex parte stay from the SC.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The supreme court is above all courts in India.

If there is a stay on the proceedings of this divorce case by supreme court pending proceedings on transfer petition, the judgment by the trial court shall be kep in abeyance for the vacation of stay or for further orders by the apex court.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It takes around six months of time . Once ti is admitted the other party is informed by sending notice.

The line of defence as per merit of each case.There Is No blanket line of contesting it.

The fees moves around 30k-35k.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It may take around 6 months to a year

2) SC directs parties to avail video conferencing facilities

3) fees depend upon Lawyer engaged by you

4) number of Lawyers on this website from Delhi

5) contact any of them

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

SC usually dispose of such petition expeditiously, the same will take approximately 6 months.

Yes courts do favor the womens.

Notice will be issued to the respondent and then the respondent will appear and file reply.

You may contact me I shall let you know a lawyer who can help you with the same in your budget.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Or you may share your number

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

- How long transfer cases (T.P. Under Section 25 of the C.P.C) takes in complete process in months in Supreme court? - depends on court registry and when it comes fro hearing.

- How respondant will get notice of such petition filed in Supreme court, via Registered Post or Police?-- Yes

- Does court favour womens in such cases? -- until circumstances desperately favors her.

- What is the procedure for respondant to contest such petition in SC? - contact to know.

- Can you pls suggest some good laywer in Delhi who has experience in transfer case, I am from middle class so accordingly. - It may be costly to u, contact for details.

- what is Avg. fee charged for such case by laywer in Delhi? - heavy cost

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The transfer petition can be disposed in the supreme court within 6 months also provided all other factors cooperate

The notice from supreme court will be sent by registered post .

There is no such concept, the law is common for all

The lawyer and lawyer fee may be enquired by personally or you can select one from this forum too.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- It can take anything in-between 6 months to a year.

- When they really face hardship in attending a case pending in a court/place other than their place of residence.

- Appear before the Supreme Court once you receive notices.

-You can get in touch with Adv. Anilesh Tewari, who is registered on this portal and is based out of Delhi.

- Cannot comment upon this. Fee varies greatly from lawyer to lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. Around 6 months.

2. Through registered post.

3. More often than not, the SC leans in favour of women in such cases.

4. Engage a lawyer. This is the only procedure.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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