Dear All Friends,
My Dv case was runnig for the past one year , but not yet cross for me was over , bcoz MM Judge is on long leave , due to that other side advocate is not at all willing to proceed that case to the incharge of that court. on last hearing my advocate bring both of us to incharge magistrate & he scold my husband for not proceeding the case speedily & moreover his advopcate didnt present lots of the hearings , so that MM ask husband to appiont some other advocate (only he ask to do that if his advocate didint appear on the next date) & also bring his mom(my MIL)
Yesterday we had hearing in dv case , but instead of cross exam other side councel inform to the MM judge that he had filed a petition in sessions court for transfer of that DV case to some other court so after seeing that reply in that sessions court he shall continue this case , he also told to the Judge that he have also prepared questions for cross. next week this month we had hearing in that sessions court.
So this magistrate gave month end date of this month as hearing after seeing that reply in sessions court , but my councel said that wherever they transfer the case we are always ready for the trail ,so my doubt is,
1) whether the other side councel has any option for his preferred judge to take the case?
2) Whether they ask for their nearby court?is that possible , bcoz atpresent case is going on my nearby place.
3) How long (month/days)this will go even if we said NO OBJECTION FOR TRANSFER of some other court?
4) Whether the sessions court give some specific date & ask that councel to finish off the case with in that period? Or we have to ask/request?
5) Whether this will also run as a separate case like counter reply , arguments , proof like?
6) Last time the magistrate scold my hubby , that’s y now they are doing like this.
7) Now only it (case) has taken up(their petition) , so we didn’t receive that copy – we dont know for what reason they are now asking for transfer.
9) If that reason is not valid means sessions court wont give transfer means & if they wont get transfer in their favour means will they have any option for appeal on this transfer?
10) If this case transferred to family court means is it in any way affect me(my DV case)?like for appeal/revision?
11) Is there any provision for them to transfer the dv case from MM court & tie that case with in family court with their Divorce case or mine sec 24 of maintenance case?
12) till the disposal of the transfer petition in sessions court , the case wont be further proceed in MM court?
I BEG YOU ALL TO PLEASE GIVE QUESTION WISE ANSWER FOR MY QUERY , IT’S A HUMBLE REQUEST.PLZ PLZ PLZ.
