My friend Rajesh native of Patna currently residing at Pune married a girl from Lucknow. He filed divorce case against his wife at Pune. His wife moved the Supreme court for Ex-Parte Stay and to transfer this case at her native place Lucknow on the ground that the marriage had taken place in her parental place Lucknow. The Hon' Supreme Court recently had given the verdict in her favour after a year. My friend Rajesh is very much upset as he is very much afraid to go to Lucknow due to his life threat there at Lucknow .Moreover, she and her parents have been pestering Rajesh to withdraw his divorce case several times. My questions are:- 1.Whether my friend can appeal for a review petition to Supreme Court stating that he is not at all safe and he is having severe life threat while attending his transferred Divorce case at Lucknow? 2. What is the time limit to file the review petition after receiving the order sheet of the closed transferred case at the Supreme Court? 3.Although the marriage had taken place at Lucknow, thee Marriage Registration was done by Rajesh's parents during his Reception party at Patna which is his home town. On this ground can he appeal to Supreme Court to transfer his Divorce case at Patna because his life is at stake at Lucknow?
Did he state such grounds in his counter?
Why didn't he contact the counsel whom he engaged in SC for filing review petition opinion?
A fresh ground cannot be taken in review.
You ought to have submitted that your life is in threat.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Review petition canbe filed in SC
2) Under Supreme Court Rules, 1966 such a petitionneeds to be filed within 30 days from the date of judgement or order
In Kanagalakshmi v. A. Venkatesan (2004) 13 SCC 405, the Supreme Court again accepted the plea of the husband that he would bear the expenses not only for the wife but also her companion for their travel and stay at the place where the case was pending and accordingly dismissed her transfer petition.
1. yes he can file review petition in supreme court on ground of life threats by In-laws
2. You should file the review petition immediately after receiving the certified copy of order. As limitation for filing review petition is only 30 days from the date of order.
3. No place of registration of marriage is not a ground for jurisdiction of court
You can file a curative petition within 30 days of the order if there is error apparent on face of the record. The chances are limited. In this case you need to show gross miscarriage of justice
1. Review of the order of SC shall be filed before the same or equivalent bench of the Supreme court.
Dear Querist
My opinion on your queries are as under:-
1& 2 . He should file his reply against that transfer and may raise all his objections if he failed to do that than within 30 days a review can be filed before the supreme court but now there will be no fruitful purpose will serve for filing review.
3. It will be better for him , no to appear before the Family Court at Lucknow and due to non appearance the court may dismissed the divorce petition.
wait some time and again file the case from Patna or Pune
Feel Free to Call
A review petition under Article 137 of the Constitution is heard by the same judges (unless they are unavailable) who disposed of the original matter, which in this case is a transfer petition under section 25 of CPC.
It is to be filed with the Supreme Court within 30 days of the order/judgement sought to be reviewed.
First things first, a review petition is not the same thing as an appeal. With an appeal, you can challenge a decision on facts, on law or on both, depending on the nature of the appeal. Usually, the entire case is open for hearing. An appeal is to a higher court or forum.
A review on the other hand is fairly limited and is only maintainable in three situations:
1. Error apparent on the face of the record (read: a very major mistake by the court whose order is sought to be reviewed):
2. The discovery of new evidence that would make the order sought to be reviewed unsustainable (but it needs to be shown that such evidence is actually new and wasn’t available with the party filing review earlier); and
3.Other sufficient reason.
Whether it would be advisable and worthwhile (or a waste of time and money) to file a review in your friend’s case is something that can only be answered by an advocate who has access to the file and record of proceedings.
Let’s say if you have any fresh evidence pertaining to the threat to your friend’s life, it would be advisable to file a review petition. Or in case the Supreme Court overlooked something that it should have not ignored, your friend has a case for review. There are other possibilities but I would advise you to consult an advocate either offline or through this site.
In an appropriate case, where circumstances so justify, a petition for re-transfer might also be maintainable — especially in case of changed circumstances (say the in-laws harm or try to harm your friend and he files a criminal complaint against them).
I hope that answers your question. In case you have further queries, please feel free to ask.
Review not maintainable of such order, ask him to file recall application on the ground of life threat and trasfer the case at some neutral place.
File without delay.
1. Why did your friend not contest the transfer petition at that time when it was pending at supreme court for more than a year, if he has lost his chance to record his objections with the reasons then his application for review may not be entertained however he may contact his advocate at supreme court for further advise.
2. There is no time limit for that however there should not be inordinate delay.
3. The solemnization of marriage is the jurisdiction and not the place where it was registered, hence that cannot be claimed as a reason for transfer.
Can a lawyer of one state appear to argue a case in a lower court of other state ?
Yes he can argue with the the on record vakalanama of that said court lawyer
advocates can only practice in courts within the state where they hold their bar council enrolment.
Yes he can appear.
Advocate can appear as counsel in another state
advocate on record should be an advocate enrolled to practice in that state
Yes a lawyer one state can appear to argue in lower court of other state, for which he / she needs to be enrolled as member of at least one of the Bar Council's.
Either with the permission of court or vakalatnama signed by any local lawyer.
Yes, a lawyer from a different state can very well appear for his client's case in a court situated in a different state, there is no legal infirmity in it.