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New Case Number and Appearance Date in a Transferred Matrimonial Case
My friend Rajesh native of Patna currently residing at Pune married a girl from Lucknow. He got married nearly three 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 & thereafter she filed false FIR complaints and cases like 498 A IPC 34 & Dowry Prohibition Act 3,4 against him and his old parents which got dismissed at Lucknow Court after one year due to lack of evidence by his wife. She also filed U/S 125 CRPC maintenance case at Lucknow Family court about 2 years ago. The case was also dismissed by the Sessions Court due to lack of Evidence and the Order mentioned the “Case was dismissed due to Non Compliance of Court order “ by the petitioner. About two years ago, my friend had filed Judicial Separation against his wife at Pune Session’s Court on grounds of Cruelty .But she never appeared at Pune Court. His wife then 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. It is almost TWO months that Pune family Court had intimated to Supreme Court as well as Lucknow family Court about the Transfer of the Divorce case but the new case number has not been appearing in the online e-Courts portal since. Now my questions are: 1. My friend so far did not get any information from Lucknow court neither about the new case number there nor about the date when he has to appear there at Lucknow. How long has he to wait to get the above information? 2. Post discussion with 3 + lawyers from Lucknow court through phone and via email being a distant location ,there was no response from those contacted lawyers regarding the case number and date of appearance by several persuance .What would be the next mode of approach Rajesh should take in this connection? 3. Can Rajesh communicate to the Registrar of the Lucknow Family Court directly by Registered/Speed Post if he does not receive any intimation on the above information for another ONE month? 4. How does he go about the case number via online if he doesn’t get the details of the case? 5. As Rajesh has no knowledge on the whereabouts of the case, can the Lucknow Court take any adverse decision / Ex-parte of the said case?
Asked 6 years ago in Family Law
Religion: Hindu
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11 Answers
1. He will get notice from the new a=court about this, it may take time, let him wait.
2. Let him choose a reliable and good lawyer or he may have to wait for the notice to be served on him..
3. No, not necessary, his request letter may not be entertained.
4. He has to wait or engage the services of an advocate for this purpose on his terms.
5. No, they will send the notice to him first before dismissing the case for default.
He will get notice or summons from court. It's better you be in contact with your local lawyer and also check online status
Yes he can contact registrar. He can get details by name. Yes if he doesn't attend then some adverse order may be passed
1) it may take more than a month
2) he has to wait for receipt of intimation from court
3) no need to send letter to registrar
4) keep on checking online for details
5) court would not proceed exparte against Rajesh
1. Rajesh will be served with a notice/summon whenever the case registered in the lucknow court,
till then just wait,
2. contact any lawyer (lucknow) along with the copy of the order (PUNE Court), so that the lawyer can search the same from the entry register,
many times, cases didn't reflect in app/website,
3. why wait for one month, he can immediately send a letter to the registrar,
4.
5. if summons managed to be SERVED, the verdict can go against him,
you can share the details with me, i can give a try with my contacts in lucknow for no charges at all,
1. Take information from court if the case is transferred as yet as sometimes information from court takes time to reach.
2. If there is no information from lawyer leading to your doubt you can send application under RTI Act seeking necessary information.
3. Yes, he can RTI Application to him.
4. For online details of the case you will have send letter to Registrar.
5. same as above.
1. See he can check status online though he will.reciece the notice from the court so he can what for some time.
2. See he cam wait till he receive any notice also he can check.website of court regularly.
3. See he can personally approach registry they would not accept any registered post though.
4. Search by name can be done.online.
5. If any exparte order is there same can be set aside in absence on any summons.
1) The court to which the case is transferred will give new case number and also issue summons for appearance, it may take substantial time depending on the pendency of the cases in the court (2 to 3 months)
2) Rajesh can approach / contact concerned section officer and check about the receipt of the other court's case records, once the records are received he can request the concerned to take up the case and issue summons accordingly intimating the next date of hearing.
3) Yes, he can communicate straight away instead of waiting.
4) By checking with names of the parties.
5) No.
1 your friend has to approach the family court here to check the status of the transfer and get the new date for appearance as this data is not updated online.
2. The better approach is that you have to hire an advocate and pay his fees so that he can visit the court and find out the details of your transfer you have to give the entire detail of your transfer case of Supreme Court to track the file in the court by sending the detail through email and talking to the Advocate without the payment may not work.
3. Again I will advise you to find out and advocate who can help you in this regard the register may not help in this case because there are a lot of cases in the family court and the register is not only the information authority.
4. family court cases are normally not updated on the website of District Court Lucknow website and the case details and final inspection can be done in the office of the Principal Judge Family Court and again I will advise you to find out and advocate who can help you.
5. In case is not appearing in the court on the due dates then court will decide the case in favour of his wife so it will be advisable to him to get the detail of the case and appeared before the court it is normally compulsory to the litigants to appear before the family court compulsorily or by power of attorney to some relative who can appear before the court in case of non appearance the court may decide the case in favour of the other party however in the meantime if any notice is issued and his address is proper then that notice may be sent to him and on the recorded address.
In case your friend feels it is good to speak to me then you can call me e after taking my number from this site
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Until no notice received, feel relax. For sec 498 A IPC 34 & Dowry Prohibition Act 3,4, police will call him if needed and about sec 125, court will issue notice. Than appearance will require.
Case is recently transferred, will take time. Wait.
Ex parte will pass only when notice will receive to him and he do not appear in court.
He should contact his advocate at Pune court and get the information about transfer date of the case from Pune to Lucknow.
In that order The date of appearance before lucknow court must be mentioned and then contact and hire an advocate from Lucknow and tell him date of transfer of case.
So that he can contact CIS branch in that court and get information about the case.
Sign POA of advocate of lucknow court for appearance on next date of hearing in his behalf
