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
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
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
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.
Sir,my previous hearing was on 24 March 2018. Wife lawyer asked judge to give next date as wife is busy due to work.But I apposed her plea and judge gave LO on 27 April 2018.So today her lawyer appeared with high court order that petition has to be transferred.I did not got any notice to appear,nor family court has received any transfer order notice,nor I.so how is this possible.I already checked the record from the local postman,he is saying there was no such notice from the high court at our address.My wife lawyer is saying high court can consider the case at it's own motion without notice.please advice
There are chances that ur wife gave wrong address. So you better appear on nxt date of hearing before hc
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
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
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.
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.
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.
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.
Hello I checked online website of uttarakhand high court regarding section 24 of CPC filed by my wife,it is written as follows Transfer petition u/s 24 Litigant petioiner wife vs husband Last hearing 19 April Next/ Final hearing 14 June Case status : pending 1) as per this information what does this mean ? 2) notice was issued or will be issued I want to put following objection a) distance from my place to wife place is only 140 km b) she is working in bank drawing good salary and don't have problem in taking leave ,I have her leave record where she has taken leave up to 10 days c) As far as infant baby is concerned,she is working lady and her parents or maid looking after her in my wife absence for 8 hrs d)She gets travel allowance of 10000 per year e) she used to go to her parental place which was 400 km leaving infant baby with MIL,so what is the problem in travelling 140 km,I have photographs with me f) why after 4 months she is filing transfer petition when family court ordered for LO due to her non appearance g)if she says threat is there, then why no police complaint yet h) Her relatives stays at distance around 60 km from my place and hearing are always on last Saturday of the month so staying is also not problem If this does not work I am ready to pay her expenses or I can send my own car to pick her So please advice me, are my points strong enough to stop transfer petition,please advice so that I can approach to high court on tuesday
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.
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
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.
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.
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.
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.
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.
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
Hello today I have got transfer petition filed by my wife in the high court and stay granted by HC a) applicant and respondent are by religion Hindu and got married on dd/mm/year and girl child born out of wed lock on dd/mm/year b)The petitioner is a permanent employment at SBI since May 2015. c) Applicant is a permanent resident of district almora and posted at xxxxxxx branch d) it is evident from content of sec 9 HMA filed by respondent that applicant is presently residing at district almora and respondent has deleberately filed case at his place to harass her e)distance is 150 km and petitioner being a lady and govt servent,will have to travel 1 day prior and can return only on next day after hearing f)petioiner is living at her place of posting g)allpicant is being a lady can not travel 150 km and has a daughter who is 1.2 yes old h)due to her service commitment and daughter of tender age,the applicant has not appeared before learned family court and family court has ordered her to file WS and last opportunity to her I) being a lady she can not travel such a huge distance with out companion along with her 1.2 yr old daughter . J) so high court is requested to transfer case to her place of residence or any other court Now perusal of above contents my argument are a) in application my wife did not disclosed the place of marriage which was solemnised at husband place b) my wife did not mentioned that earlier she was posted at husband place and took transfer. c) she did not mentioned about her parents at all.her father is with her and mother living with her elder sister leaving her own husband d) as she is a govt servent so she can take leave like CL UCL,SL e)if she is a working lady and not living with her parents then in her absence who is looking after infant child f) being a lady does not mean that she can't travel 150 km g) this can not be an excuse not to file WS as prayed by wife. Please advice how to counter
Your counter should be that wife can avail video conferencing facilities. Personal presence not necessary
Hence RCR need not be transferred
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.
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.
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.
Hello,I need information about stay order time limit.My sec 9 case is stayed by HC.Not been listed from past 6 month.I heard that stay order time limit is 6 months.is it true? If yes then what should I do
Sir the order of Supreme Court is relating to the stayed criminal trials. For your case you should file an early hearing application.
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.
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.
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
My wife 1st took stay order by presenting c 24 petition.Court had ordered that proceedings of sec 9 HMA before FC shall stayed and matter to be listed on 14 June.On 14th June I appeared and HC ordered to list the matter after EID.since then matter is showing to be listed on net but in actual it is being removed from cause list again and again.I am in doubt that registrar office manuplating something.6 months have elapsed. In lieu of SC judgements who quoted as follows - where stay against civil proceedings or criminal trial is operating,same will come to an end on expiry of 6 months unless in an unexceptional cases by speaking order such stay is extended. In case where stay is granted in future same will end on expiry of 6 months from the date of such order unless similar extension is granted by a speaking order.The speaking order must show that case was of such nature that continuing the stay was more important than having the trial finalized. The trial court where order of stay of civil proceedings is produced,may fix a date not beyond six months of order of stay so that on expiry of period of stay,proceedings can commence unless order of extension of stay is produced In lieu of this quoting shall I move an application before HC or Family court and what procedure Please adv
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
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