125 and divorce with two different judges

first of all.. diovrce and RCR , is  noted file to MM.. it must be filed at ADJ. and I think 25 also file at ADJ and not ASJ.

You mean the cases are in family court.

It can be done with a simple oral submission by your counsel.

Regards,

Shnee Kapoor

harassed.by.498a@gmail.com

Thanks Shoneek!  Yes - they are with the family courts - but two different ones. Excuse my ignorance with the legal terminology ! 

Regards

@ Author

I disagree to advise given.


Such transfer(s) from one Family court to another within and or to other District needs Transfer Application and oral submissions does not helps.


Illustration: Suppose two of the cases are in Dwarka Family Court and one in Rohni Family Court(s) and/or Saket Family Court(s). With your oral submission the APJ in either Family Court cannot transfer suits in-between them. A APJ does not have such powers as per FCA, 1984 and even under State’s HC Rules such powers rests with PJ, Dwarka Courts. For the same reason Application for Transfer of Suit matter in PJ Court needs to be submitted with 'grounds'. Flip above suppose if two suits before APJ I at Rohni Family Court and 1 suit before APJ II in Rohni Family Court and same situation say in Dwarka where now more than 1 Family Court Judge presides and or say in Saket Family Courts where 3 Family Court Judges now-a-days presiding then also Application for Transfer of Court needs to be filed before a PJ, Delhi Family Courts at Dwarka.

Reason: The bar of S. 7 FCA read with S. 24 CPC gets attracted and for the same oral Submissions are not sufficient.

Remark: From your query it is not even clear from which district FC you want transfer to which district FC (name of respective Family courts)?


Abbreviations used in this reply:-

FC= Family Court
FCA = Family Court Act
APJ = Additional Principal Judge
PJ = Principal Judge

My fault, I should have mentioned that the three cases are with two different judges - but in the same court (Rohini).

Dear S

according to chepter XXXI of crpc And section 406-408 Crpc, only SC, HC and session Court have power to transfer the case.

according to section 22-25 of CPC have the provisions related to transfer the case and section 23 is related to What court application lies.

in this regards see section 22-25 of CPC

22. Power to transfer suits which may be instituted in more than one Court.

Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed

23. To what Court application lies.

(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.

(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.

(3) Where such Courts are subordinate to different High Courts, the application shall be made the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.

24. General power of transfer and withdrawal.

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and-

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

²[(3) For the purposes of this section,-

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;

(b) "proceeding" includes a proceeding for the execution of a decree or order.]

(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be

deemed to be a Court of Small Causes.

³[(5) A suit or proceeding may be transferred under this section from a

Court which has no jurisdiction to try it.]

25. Power of Supreme Court to transfer suits, etc.

¹[25. Power of Supreme Court to transfer suits, etc.

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]

COMMENTS

(i) In transfer of suits, appeals or other proceedings paramount consideration is that justice according to law is done; Dr. Subramaniam Swamy v. Ramakrishna Hegde, AIR 1990 SC 113.

(ii) No case can be transferred to another court unless first Court is biased or some reasonable grounds exist; Gujarat Electricity Board v. Atmaram Sungomal Poshani, (1989) SCJ 180.

So as per my opinion that the oraly the court can not transfer the case and the written application lies according to section 23 of CPC.

so I am not agree with Mr. Sonee Kapoor in this regards.

Feel free to call

Tajobs,

I have done so myself. The judge asked the other party whether it is true and then transfered the case