Stay on transfer order by apex court
jagjit
(Querist) 06 December 2014
This query is : Resolved
SIR,
I HAVE FILED THE SECTION-9 APPLICATION AT MY PLACE IN WHICH MY WIFE HAS FILED THE TRANSFER APPLICATION U/S 24 OF CPC IN WHICH HIGH COURT PASSED THE ORDER TO TRANSFER THE CASE. I AM FILING THE SLP IN THE APEX COURT AGAINST THE ORDER OF HIGH COURT AND REQUESTED IN INTERIM RELIEF FOR THE STAY ON THE FINAL ORDER PASSED BY HIGH COURT, BUT THE MEAN TIME RECORDS HAS BEEN TRANSFERED TO MY WIFE PLACE ALREADY. MY QUESTION IS THAT,
1. IF APEX COURT ACCEPT MY SLP AND ISSUE NOTICE TO MY WIFE AND IF PASS THE INTERIM ORDER FOR STAY ON ORDER OF HIGH COURT THEN, WILL THE PROCEEDING OF THE CASE WILL ALSO TO STAYED AT HER PLACE OR NOT.
2. OR I HAVE TO FILE AN ADDITIONAL I.A. ALONG WITH SLP FOR PROCEEDING STAY AT HER PLACE.
R.K Nanda
(Expert) 06 December 2014
1.yes.
2.no separate application for stay is needed with SLP.
Devajyoti Barman
(Expert) 06 December 2014
1.Yes
2. No need for any other application.
ajay sethi
(Expert) 06 December 2014
it is better you accept order passed by HC for transfer of section 9 application to wife native place . convenience of wife is considered by court in transferring the case .
Sailesh Kumar Shah
(Expert) 06 December 2014
i have similar views as expressed by learned expert sh. ajay sethi.
T. Kalaiselvan, Advocate
(Expert) 07 December 2014
1)Yes
2)No
Even in my opinion, it will be better to drop the idea of approaching the apex court in further pursuance, because the chances of getting a decision in your favor are very remote.
