1. The case can not be transferred to the HC. You may move an application before the DJ and ask him to transfer the case to some other court.
2. Legally transfer from Fam Court to HC is not possible
Transferring case from family court to high court
There seems to be an unholy nexus between court officials and specific Lawyers in Bhubaneswar Family Court. Without wasting my time in Family Court can I transfer the case out to High Court. 1. Divorce case was filed by me based on Cruelty and no WS was submitted till 2 years. Now just to delay the case further WS and a Counter Claim is submitted in the family court. Without even hearing the other side Counter Claim was admitted. 2. The judge seems incapable to control the rowdy opposition advocate , who passes acerbic remarks and even threatens in-front of the judge(yes this is supposedly the state capital). Having no faith left in here , I want to transfer the case out from Family Court to Cuttack High Court. Based on what grounds can I do that. Thanks
Asked 6 years ago in Family Law
Religion: Hindu
17 Answers
No you cannot transfer to high Court. You can go in appeal against any order of family court
Transfer petition can be filed under 21 A of HMA and cross objection should be file within one month from the date of service of notice on the respondent.
Without delay condonation and opportunity to opposite party to object the same is illegal and liable to be set aside. Challenge the same before HC and seek trasfer of petition.
Case woukd not be transferred to HC
family court has jurisdiction to decide matrimonial disputes and trial has to be conducted in family court
you can seek expedited hearing of case by making application in HC
See you can complaint before the high court regarding the practice before vigilance department further see you need proof to substantiate such allegation the case won't be transferred to.high court it will be transferred to other family court.
A transfer application can be moved in the hc so that the hc may transfer the case to sine other district or before some other family court. Alternatively a petition can be filed in the hc detailing each aspect of the matter and praying for an adequate relief.
Regards
This case would not transferred to high court.
You can't directly file the case in High Court. You need to proceed through family court therefore you you need to first complete the trial at family court. If If you feel the judge in family court is Biased then you can appeal for Principal Judge to transfer your case to another judge in the family court. You can file writ petition before High Court stating that you didn't get a chance to file your say for the counterclaim therefore you should be provided a patient caring for filing the say.
1. High Court cannot transfer to itself the case as it has no original jurisdiction to hear cases under Hindu Marriage Act. To put it plainly, HC cannot be the court of first instance, hence it cannot transfer it to itself.
2. It seems that you are formulating opinions on the basis of passion. WS was filed belatedly by 2 years, according to you. Thereafter, Counter Claim was also filed. What did you do for 2 years when the WS was not filed? You ought to have applied to the court to forfeit the right of defence. If your application was disallowed by the Family Court then you should have sought appropriate directions from the HC. A counter claim is always admitted without hearing the other side. It has just been admitted, not decided. You were also, I suppose, not heard when the divorce petition filed by you was admitted and summons was issued to the defendant.
3. If you are not getting a free and fair trial then you can file a transfer petition in the HC to transfer the case to another court which cannot be the HC.
Thanks @Ashish this helps. Every time we pressed for WS , judge apparently gave the next date as the ultimate date as to when WS could be submitted. There has been 8 such instances where last ultimatum for WS submission was provided. Infact there was a High Court Order asking for a time bound resolution of the case , which apparently was never considered by Family court. Finally after 2 years when WS was submitted opposite party attached a counter claim so as to delay the case further. The Maintenance case is being regularly heard upon but the Divorce case is un-necessarily getting dragged. My Question is can the WS be admitted after 2 years of filing the petition ? Is it based on Judge's discretion or is there any rule which debars filing of WS after the stipulated 90 days period.
Asked 6 years ago
WS cannot be submitted after 2 years
2) application for condonation of delay has to be made
3) reasons have to be mentioned and if judge is convinced delay may be condoned on payment of costs
The stipulations of 90 days is for filing chargesheet in criminal trial. Family court matters are civil matters, and there's no stipulation for filing WS.
Of course the family court is bound by directions of high Court
See there is delay in filling the WS but it can be filed with the permission if the court finds it deem fit it can accept the WS.
1. Such HC orders mandating a time bound adjudication of the case are more often than not treated as mere advisories by the subordinate courts, but they are not. One judgment of Punjab & Haryana High Court says that such orders cannot be issued in the first place unless the burden of trial court is considered. Be that as it may, as the HC order was not complied with you ought to have filed a contempt petition against the presiding officer of the trial court. The HC would have set him right then and there.
2. Unless the defence was closed the written statement could have been taken on record. Expiry of 90 day period does not result in automatic closure of defence. There has to be a specific order of the court.
The WS is time barred. It is judges discretion but you can approach the appellate Court to challenge that order.
1. The case cannot be transferred to high couirt, it can be transferred to some other family court.
2. Your lawyer should take an objection to this or you may give a written complaint tothe registrar at high court about this unruly behavior and also the threatening activities of the said advocate.
Actually the time for filing written statement is 90 days extendable by another 30 days .
In some places the judges are silent spectators on such undesirable events, this is helplessness.
The ws can be taken on record in the interests of justice by the court. It is purely discretionary and depends on the judge.
Regards