Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
I filed divorce in city A. My wife filed transfer case in HC to transfer the divorce case to city B, in the same state. On petition hearing HC ordered to send notice & also put a stay on the divorce case till transfer case is decided.Her lawyer has submitted certified copy of HC order & got stay on divorce case in city A.
I have not received any notice yet.Infact notice has not been dispatched from HC itself.
Now will attaching the certified copy of the order & thereafter stay in divorce case serve as valid service of notice ?
Because when you appear at A court, you know why it is stayed?? The copy of HC available there. So you have knowledge of the fact of transfer case in HC. [ with court/ case no./ ] ! Appear and defend it. Usually no chance, and case will be transferred at city “B”
Devajyoti Barman
(Expert) 10 December 2011
Whether or knowledge or not, once the case is stayed and you are supposed to appear before the high court soon to contest the transfer petition, the question on validity of service of notice becomes redundant.
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