Akshay 28 March 2017

Summons/notice for transfer petition in supreme court

I Filed RCR against my wife in my hometown. She didn't appear for 3 hearings, then she filed Vakalatnama alongwith petition to set aside the ex-parte status. Next 2 hearings she was absent, on third hearing her lawyer told Judge that they have filed transfer petition in Supreme Court to transfer case to her hometown. I was not given any papers regarding this (saying that they do not have a copy) and the lawyer did not know the transfer petition number. The Judge simply gave a long date for next hearing.

Today I checked the Supreme Court website and searched for case status by name and found that the transfer petition status is "PENDING" and case has been "listed 2 times earlier".

Should I not be given some Notice / Summons etc. by Supreme Court as to what is contained in the Transfer Petition and when I have to present myself before the court to fight this petition ? Also, what does "listed 2 times earlier" mean? Does it mean that the case has come up for hearing 2 times already ? What Should I do now ?

Thanks and regards,

akshay

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6 Replies

(Guest)

She went to SC for transfer of RCR petition???? She is being taken for a ride by her adv.

Nitish Banka (lawyer) 28 March 2017

You need to check SC website for orders. if Transfer Petition number is alloted, if so then see the last order in the petition

Thanks & Regards,

Nitish Banka

nitish@lexspeak.in

Akshay 28 March 2017

Hi Nitish,

Ok. Transfer petition number is alloted. Checking under Orders, for Case history and Orders it says "No Orders found" and for Listing details it says "There are no further orders of Listing".

thanks & regards,

akshay

Akshay 28 March 2017

After I filed RCR, she filed a maintenance Petition from her hometown. I think so she wants to transfer RCR too.

Akshay 28 March 2017

Thanks for your encouraging words. Her father is behind all this and is unlikely to run out of resources. The maintenance case is not because she needs money but to harass me.

Akshay 03 April 2017

Update:

Looked at the Supreme Court website today. The TP was already taken up for hearing and DISPOSED by Supreme Court. The Court did not find any grounds for transfer and dismissed the petition quoting Krishna veni Nagam vs Harish Nagam judgement of 9th March 2017. YAY!!

thanks and regards,

akshay