HMA 13
INDIAN LADY
(Querist) 20 March 2014
This query is : Resolved
Husband filed HMA 13 in Patiala (Punjab) but before receiving the summons I filed application in HC to transfer thr case in my residential city court Amritsar ( Punjab). Transfer is allowed by HC . Next date in Patiala court is 4th April which I come to knoe thru web site of ecourts. HC has already applied the stay on proceedings till deciding of transfer of case which is allowed later. I have not engaged any lawyer in Patila court . HC order is not in my hand to present in Patiala court. Now my query is if niether me nor my advocate will present in the Patila court on fixed date then what will be the loss to me as stay is already applied. 2) Will the HC not send the order to Patiala court to transfer the case in Amritsar court. Mr.sethi and mr Burman has already advised me on this but due to financial problem I m unable to engage the advocate in Patiala. 3) if I hv not the certified order copy of HC then How the case will come to Amritsar. Can I take the order copy fron website and present in the Patiala court thru any of my known other than advocate to inform to Patiala court abt transfer of case in Amritsar. Kindly advise . Yes this is repeated query subject but queries are not repeated to waste the time of experts. I m in huge pressure .pls do not ignore and get me right advice.
Devajyoti Barman
(Expert) 20 March 2014
The official communication of order takes time and hence it is advisable to take out certified copy and communicate this to court.
The case record will also have to reach the trasferee court which also takes time.
Do engage an advocate.
Biswanath Roy
(Expert) 20 March 2014
TAKE OUT A COPY OF THE ORDER FROM THE WEB SITE FOR TRANSFERRING THE CASE FROM PATIALA H.C. TO AMRITSAR H.C.AND ENCLOSE THE SAME WITH A FORWARRDING LETTER IN YOUR OWN HANDWRITING ADDRESSED TO THE HON'BLE CHIEF JUSTICE OF PATIALA H.C.THROUGH THE SECRETARY THAT AS A POOR LADY WITH BAD PECUNIARY POSITION NEITHER YOU ARE IN A POSITION TO APPEAR IN PERSON BEFORE PATIALA HIGH COURT TO COMMUNICATE THE ORDER FOR TRANSFERRING THE CASE TO AMRITSAR H.C. NOR YOU HAVE ANY MONEY TO ENGAGE ANY ADVOCATE TO COMMUNICATE THE SAID ORDER WHICH IS ENCLOSED WITH THE LETTER. SEND THIS LETTER BY SPEED POST UNDER REGISTERED WITH A.D. AND REQUEST THE COURT TO DO THE NEEDFUL.
Rajendra K Goyal
(Expert) 20 March 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Transfer-of-case-HMA-13-460261.asp#.Uyq8i4VRx3A
Nadeem Qureshi
(Expert) 20 March 2014
no need to worry, there is no lose if you are not able to appear before trial court.
for your satisfaction send an application to trial court along with the HC ordered printed copy of internet via speed post.
simple
feel free to call
INDIAN LADY
(Querist) 20 March 2014
Ple accept my heatiest thanks for right advise and moral support.
T. Kalaiselvan, Advocate
(Expert) 23 March 2014
Since you have stated that you did not receive any summon from Patiala court, just do not worry about the hearing in that court. If the court is aware that the summons were not served upon you as on the date of hearing, it will not pass any order against you instead it may advise the petitioner to pay process fee/bata for fresh notice of summon to you, hence for the present wait for the proceedings of he next hearing at Patiala, ion the meantime you pursue to the high court for transfer of this case to your place of choice.
