Transfer CMP

dheepak srinivasa (Querist) 07 February 2010 This query is : Resolved
I have obtained a exparte divorce & my wife has filed for setaside which is posted for enquiry.. but at this stage my wife has asked the madras highcourt to transfer the cases from family court salem to chennai.. is it possible to transfer this case without setaside decision is pending from the salem family court?

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Devajyoti Barman (Expert) 07 February 2010
Unless the application for setting aside of the ex parte decree first disposed of the case would not be transferred as the transferee court can not pass judgement on the decree passed by another court.

Raj Kumar Makkad (Expert) 07 February 2010
First set aside proceeding shall end and thereafter the case can be transferred.

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