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Siddharth Kulkarni (Software professional)     10 July 2010

Infructuous Order

Wife had applied for the transfer of the divorce petition. There was neither a stay order nor she had appeared in the family court before.

I got an ex-parte decree before the family court received the transfer writ from the high court. In my ex-parte application i had mentioned about the pendency of this transfer petition in the highcourt and the absence of any writ regarding the same in the family court.

After 6 months she has applied for setting-aside the decree. If the petition is restored what will happen to the transfer petition? Some of the advocates are saying it will become infructuous. How can we proove that the transfer order is infructuous?



Learning

 2 Replies

niranjan (civil practice)     10 July 2010

If the matter is restored,the transfer order will become operative.

Ayub S. Pathan (Legal Adviser)     10 July 2010

Mr. Siddharth,

I agree with Mr. Niranjan. If the matter is restored then the proposed order

in the TP before HC will be Operative. But it may be in favour of either of you.

It will depend upon the HC after it considers the changed circumstances.



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