• Transfer in job while case is pending

My court case is pending in family court but being govt employee i have been transferred to another city which takea alot of time to reach for court hearing. Is there any court order vide which my employee has to stationed me nearby for court hearing convenience??? Pls help
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

NO, but in court you can get exemption from appearance in court due to distant work place.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Your presence is not necessary on each date in family court 

 

it is sufficient if you are represented by lawyer 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

No there is no such judgement which bound your employee to station you near court where case is going on.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Employer is not responsible for you personal case matters. However you can approach high court for transfer your case at any convenient place in relation to your present place of posting.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

No you can't stop your transfer on that basis.  You don't have to attend all your hearings.  Your advocate can manage the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Respected sir... 

We just have to look which kind of case that is weather it is pretty offence or kind of Heneious offence department will not consider your plea to transfer you on such basis but you can apply to permanent personal exemption and if court don't allows it you must have to approach high court there you will defiantly get relief in addition to all that you can add some further reasons also by making fake certificate of doctor that you are ill that will to help you... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

- No. Court has no jurisdiction to pass such order and directs to stop your transfer due to your pending case.

- Since, the case is pending before the Family Court , you should move an application before the said Family court regarding the same and your inability to appear on each and every date of hearing . 

- On your said applicaton , Court will consider your matter and , thereby you will grant maximum exemption from personal appearance .

 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

There is no required for you to present in family court for every hearing. your counsel can appear behalf of you.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No there is no such rule by d court.

Sital Patil
Advocate, Kota
139 Answers

Not rated

Your transfer and posting is governed by the official order of the organisation this has nothing to do with the legal case which is pending in the local Court and you have to join your job at the place where you have been transferred there is no remedy available for this and this is your responsibility to appear before the court when you are required to appear otherwise your advocate may help you in your case

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

There's no such provision in law for this arrangement. 

You may have to adjust by skipping alternate hearing with the help of your advocate. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir,

You have to approach High Court to enlarge the law and seek a direction for transferring you to the nearest place of court where case is pending.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

No there is not such law or Court order which make your transfer near court by which you can save travel time. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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