Transfer of a case
Akash
(Querist) 29 January 2013
This query is : Resolved
Dear Sirs.
I would request for your opinion on whether a part heard divorce proceeding can be transferred to another district.
Awaiting your replies and opinions.
Many thanks in advance for your guidance.
Regards
Akash
ajay sethi
(Expert) 29 January 2013
who has amde application for transfer ? has the wife made application to high court for transfer ? stae the complete facts
R.K Nanda
(Expert) 29 January 2013
yes, it can.
Akash
(Querist) 29 January 2013
yes please... the wife made the application and the divorce proceeding is at the stage of cross examination of the husband.
There also exists an order from the High Court for disposal of the case in 6 months out of which 5 months have completed.
What are the possible recourses available.
Regards
Devajyoti Barman
(Expert) 30 January 2013
The transfer of a suit can be transferred during trial as well. There is no bar. But unless there is any subsequent even on which the petitioner prays for transfer the merit of transfer petition would be adversely affected out of delay.
Akash
(Querist) 30 January 2013
One of the reasons stated is delay and blame the opposite party. The reality is that they have not come to the proceedings at all ands is well documented in the order sheet of the case.
The transfer petition is only based on mercy.
Adv.R.P.Chugh
(Expert) 30 January 2013
Yes. Normally if the matter has proceeded to the advance stages - transfer request is usually declined. Because the statute (Sections 22-25 of CPC) require party to move in for a transfer without delay if the grounds are attracted. Normally women suceed in getting the trasnfer, rare for men to get it.
ajay sethi
(Expert) 30 January 2013
oppose application for trnasfer on grounds that it is a high court expedited matter has to be disposed of in 6months and 5 months have already expired
Akash
(Querist) 30 January 2013
Dear Sirs,
I thank you for your inputs and insights into the matter and wish you the very best for your future endeavours.
Regards
Akash
ajay sethi
(Expert) 30 January 2013
thanks for your appreciation
srinivas.p
(Expert) 30 January 2013
you can file a Transfer original petition in high cout. at any stage
