Transfer application to sc, should it be informed

the transfer orders will suffice. You lawyer  should present the transfer orders to the respected court.

btw, can you let us know how you got the transfer orders ... I construe you as a male given your name.. so asking in the benefit of the larger audience,

Actually my wife sprung the suprize on me, and continued to adjurnmen the proceeding on some filmsy ground for 3 hearings and then dropped the transfer order in my lap.

So wanted to know if there are any provisions in law by which it is neccessary that the lower court should be informed that a trasfer is being sought and a application has been filed in SC.

If anyone can give the CPC or any reference to code details it would be extremely helpful.

Thanks.

still unclear .. who sought for transfer orders....

Wife springing umpteen surprises and trying to adjourn proceedings on filmsy grounds is a common phenomenon.

you could be threatnening her, no male companion, father's heart attack (when he has no heart),bad health , all of a sudden malaria in the scorching summer, flu , viral fever, dengue are all grounds for adjournment .

Section 25 of the Code of Civil Procedure, 1908 allows the Supreme Court to transfer a matter from one state to another if justice so demands. High Court is entrusted with the power in case of transfer within the state.

Section 25 is based on the ‘doctrine of forum convenience’ which means –‘the best forum’ or a forum where a fair trial can be had’. Normally there is a presumption that if a petitioner has filed a case in a court having jurisdiction – it is the best forum. The burden is on the person seeking a transfer to prove to the court that if the proceedings are not transferred she would suffer irreparable injustice, on the merits of the case (going unrepresented in the case) and with respect to personal life (loss of job/health/safety issues), she would also have to prove that the latter is irreparable in monetary terms. Once all this is proved – she also would have to prove that you won’t suffer similar losses if the proceedings are transferred. Hence this is adouble burden of proof.  If she succeeds in proving this – the balance of convenienceis said to lie in her favour.

Sadly courts have not been strictly insisting on the above reasonable tests, and transferring matters as a matter of course at the behest of women.   

Ramchary Garu has put his nicely. Pls pay heed to his last para.