• Can high court transfer matrimonial suit without notice

Hello ,
Today was the last opportunity for my wife to appear in sec 9 HMA case but suddenly her lawyer appeared with the high court order of case to transfer to her district.Now I did not receive any notice from the high court.so please advice can wife application be accepted by the high court without sending notice to husband ?Please advice what to do
Asked 4 years ago in Family Law
Religion: Hindu

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31 Answers

Hello,

No the same can not be done.

It was mandatory for the HC to issue notice.

Challenge the order before the SC in a special leave petition.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

There might be a case that your wife has provided wrong address or the notice return unserved.

The high court issue notice to husband or opposite party when petition for transfer is filed but decide exportee if party doesn't appear so kindly check there is some issue they have done some mischief and wrongful act to get order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There are chances that ur wife gave wrong address. So you better appear on nxt date of hearing before hc

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

notice would be issued to husband

2) court would not pass orders without notice to husband

3) oppose application for transfer

4) take the plea that wife can opt for video conferencing facilities

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

1) HC does not pass orders without issue of notice to husband

2) after hearing both parties court passes transfer order

3) file appeal against said transfer order before SC

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Yes, there are possibility of the same as the transfer petition is only filed by one party generally but not against any one, but just to get it transfer to her district if able to satisfy the judge with reasons.

Though you still have a chance to get it cancelled once you get the reason in the order passed by the High Court, and deny them by giving your points before the High Court.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Without issuing noitce, court do not proceed or at least not decide matter finally. File to set aside ex parte order.

There must be some fraud played to avoid service of noitce, get the copy of order and challenge the same before court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Get the copy of order check on what basis it is decided see in my respectful view they have taken direct service from court and then made false affidavit that you have not there at place so notice cannot be served or have given wrong address.

The chance of opposing such transfer is always given so check the order and challenge same before appropriate jurisdiction as per the order passed before Division bench or supreme Court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You can cross check from the website of your high court as regards any such order is indeed passed or not.

2. No court passes any substantive order without giving notice to the litigant.

4. It nay happen in your case that notice was sent to you but you may be absent and later failed to collect the notice from post office and court has accepted it as a completed service.

5. So first check the order passed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

So the petition is not disposed off the advocate of your wife has placed wrong facts before the court. The transfer petition is still pending before high court.

File your appearance in the same matter before high court object the transfer and contend same issues before the high court that transfer should not be allowed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) case is pending not yet disposed of

2) no transfer orders passed by court

3) you can object to transfer on grounds mentioned by you

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Your case is still pending and hence engage an advocate appear in the case on the next date of hearing.

I wonder what prompted you to hold that the case is already transferred.

Do not rush to decisions without acquiring full information first.

Contest the case in merit.

There is no time limit to apply for such transfer and such cases if filed by wife is mostly allowed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The high court would have sent the notice about this transfer application in the due process, but it might have not reached you or they would have managed to not to send it to your correct address.

In any case the high court order is valid and you can verify the orders from e-court services website about its authenticity.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The lawyer of the opposite side is incorrect to say that the court will decide any case before it without hearing the opposite party.

They should have played some fraud with the court to obtain this order from high court without intimation to you.

This may be an interim order passed by an ex parte decision, hence this may ot be a final order also.

This may be an interim order to stay the proceedings till the main petition seeking transfer stayed till the disposal of the main petition.

You may verify the same through your advocate and be confirmed or visit the high court to see what exactly happened on this.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. The case is still pending, posted for next hearing on 14th June, hence you should not jump into any wrong conclusion in a hurry.

You may see the contents of the order that this may be an exparte order to stay the proceedings only and not a transfer order.

2. You can put forth your arguments before high court during the final hearing on 14th June by appearing on your own even if you dont get a notice for that.

You can defend your interests on merits in your side.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Not confirm but notice must be issued on 14 and case is pending, no order yet.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

High Court cannot transfer the case from one Family Court to another without hearing you. You may take above grounds to resist transfer.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You will now receive the copy of the petition.

Might be the case that the court has passed an ex-parte interim order, thereupon staying the operation of the case that has been filed by you

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also, appear before the HC with an application for vacation of the interim order.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your counter should be that wife can avail video conferencing facilities. Personal presence not necessary

Hence RCR need not be transferred

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

What you say are the expressions out of frustration.

You can file a strong counter to her transfer petition on the basis of your observations on the grounds for transfer.

It is not unusual content, they have pleaded their version of grievance, you can challenge the same relying on your own grievances.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

See you have to plead all these grounds before court in reply and take strong objection to the effect that the transfer petition should not be allowed as wife can travel such distance and she has wilfully taken transfer to harass you and this cruelty on her part. Supreme Court in a recent judgement held that transfer petition on pity grounds should not be allowed there should be substantial reason.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See, our law is liberal in case of women.

The only easy option is to get the matter compromise because the litigation end is compromise. Instead of delaying or lagging i ll suggest you to compromise the matter at prior stage. It ll save your money and time.

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

Sir the order of Supreme Court is relating to the stayed criminal trials. For your case you should file an early hearing application.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Not time limit but supreme court has held that, no stay shall be continue more than 6 six month until not extended by reasoned order by court. File applcaiton for stay of order on the basis of SC judgement.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Even though there is a court ruling on such stay it is rarely followed hence you do not depend on that ruling for any relief.

You have to go by the procedures of court proceedings.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

It is true that SC has directed that validity of stay order is 6 months and HC can extend stay for reasons to recorded in writing

HC can extend the stay

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

What is the language of the stay order?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

HC can extend stay provided reasons are recorded in writing for extension of stay

You can make application before trial court to proceed with stay as HC had not extended stay

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Despite the ruling that the stay in any case cannot be extended beyond 6 months except under exceptional cases, this ruling is often not followed by many courts.

Hence you may not get any relief even if you approach high court on this because it will take time for getting it listed

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

As told above please share the order by means of which the stay has been granted

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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