1. See your friends advocate in SC can file CA for early hearing citing the urgency though in such case court shall take up number.
2. It takes generally 6-8 months and sometimes more.
Pending motion hearing of divorce transfer petition at Supreme Court
My friend who is working at Pune got married two years ago and after marriage they stayed together for nearly 45 days. Within this period, the newly married wife left his house without his consent to live with her parents at Lucknow.A year back ,he had filed a Divorce Case against his wife from Pune. But she never appeared at Pune since then even though she was served three Notices from Family Court at Pune. At last ,she appealed to Supreme Court for Ex-party Stay of the case and to transfer the Divorce Case from Pune to her place Lucknow.But there was no progress in this case at Supreme Court since last 6 months. Now his queries are: 1.Is there any legal way to prioritize the date of this Petition Case in Supreme Court by my friend to avoid delay ? 2.Generally,how much time the Supreme Court takes to deliver the final judgement in this type of cases?
Asked 7 years ago in Family Law
Religion: Hindu
12 Answers
1. Have you received the notice from the Hon'ble SC?
2. Depends on the fact as to how the case is being pursued, it takes usually 1 year for the SC to decide the TP matters.
Regards
1) there is no urgency . Petition woukd appear in due course
2) your lawyer in SC would guide you as to time taken for disposal of case
It may take longer, may be take 1 years even more.
Dear Sir,
It all depends upon action taken by your advocate to file a memo for early hearing and get a disposed. Normally it will take 6 to 12 months.
Dear client,
Instead of pursuing in SC, proceed divorce case and press court to pass ex parte order. Hope no stay on proceeding in SC.
Appointed advocate of her will have to request for listing.
1. The hearing of the case in supreme court takes time. If there is a stay order then the divorce suit would take time. If you want fixation of an early date then mention the matter in supreme court.
2 The time the supreme court takes differs from case to case. On the date fixed if you appear in the case then the matter would be heard soon.
Your friend's wife is telling a blatant lie. Any such action stated viz moving supreme Court for staying proceedings of a family court is abosolutely not maintainable. It must have got rejected at filing stage itself.
Tell your friend to plead for exparte divorce decree before the Pune family court
1. At what stage the petition before the Supreme Court now stands? Your mentioning fopr early hearing of the matter may not be accepted by the Apex court since there has not been any adverse order or any order passed till date for your agitation.
2. Ordinarily, it does not take more than 1 year to get a petition disposed off.
You can mention if the same has some urgency else it will list on regular basis
Hi,
You may appear before supreme court and oppose the petition. This sorts of petition is decided within 2-3 hearing.
1. He has to appear through an advocate before the supreme court and strongly object to her transfer petition.
2. It will be decided within two to three hearings if both the parties appear before it.
