Maintenance case under 125 crpc- appeal- transfer-reg
T. Saranvelu
(Querist) 07 March 2012
This query is : Resolved
Sir,
The opposite party (wife) filed case under 125 CrpC in JM court in a taluk of another district where my self and that party currently not residing. But the case is in progress. If the case is finished, I can go for appeal in the district court(if judgement not satisfied me).
Hence, I need clarifications that, shall I can transfer that appeal petition filed by me in another district (Where the judgement given in the JM of taluk court of the district) to my residing district by high court or not.Please give suggestions sir,
Arvind Singh Chauhan
(Expert) 07 March 2012
You can raise objection on the point of jurisdiction at the preliminary stage otherwise you can't raise this plea in appeal.
You can file transfer petition in High court.
Raj Kumar Makkad
(Expert) 07 March 2012
You cannot get the appeal transferred as desired,
Shonee Kapoor
(Expert) 08 March 2012
Jurisdiction issue has to be raised before.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Kirti Kar Tripathi
(Expert) 08 March 2012
Arvind, LaW is settled that jurisdictional objection can be raised at any time, even at the time of appeal or execution. As without jurisdiction judgment or order is nullity in the eye of law. However, it is appropriate to take this issue at the initial stage.
R.K Nanda
(Expert) 08 March 2012
Yes, you can go in appeal but cannot transfer it to another district.
Sankaranarayanan
(Expert) 08 March 2012
Yes you can't transfer but you can appeal
