Innocent 143 (JE) 27 July 2014

Interstate case transfer

Sir/Madam Today, I came to know that my Name is on SC causelist and TP (Cr) and TP (Civil) case status is pending. So my questions are 1) Should I wait for notice or collect it personally from SC? 2) is SC has a power to transfer the case without giving any chance to other party? 3) what would be my strategy for present situation? thanks in advance

Reply Follow

7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 27 July 2014

Dear, They will send you the prior opportunity to present you case and then only transfer it. Advocate kapil chandna 9899011450

1 Like

Innocent 143 (JE) 28 July 2014

as my case is shown on SC website then should i apply for caveat?

G. ARAVINTHAN (Legal Consultant / Solicitor) 30 July 2014

No transfer can be effected without hearing the otherside

1 Like

Innocent 143 (JE) 31 July 2014

Today I met a SC lawyer and filed Caveat. He also told me that chances of transfer of case is 99% in practice.Judge will not give much heed to my reply. it is just a formality. Let's see what ground are sought in her Transfer petition.any suggestion please.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 02 August 2014

U have to submit ur objections.....court will surely consider it.

1 Like

Innocent 143 (JE) 12 August 2014

Thanks all of you for your reply.

One more question-

TP is listed on 4th Aug 2014 in SC. My lawyer sought a 4 week time for reply and till date I didn't get the transfer petition copy. My lawyer said to me that as soon as he received copy he would give me the same and then prepare for the reply . Now my lawyer is not responding to my call.

1) what should I do now?

2) How can I get transfer petition copy?

Innocent 143 (JE) 18 October 2014

grounds of her TP are

1. she is unemployed and can't contest the case in my territory and living with her parents however she filed all cases in my territory herself.

2. she faced life threat from my side while travelling to attend the court date.

3. all the cases she had filed form her home through registered post.

then my reply are

as she lived in my house with her mother and brother during whole period.(i) for this i produced the counter reply filed by her in my divorce case where she furnished her present residence as my house.(ii) in DV act I gave in written that I will pay electricity bill and water bill and she gave in written that in lieu of this she would not claim interim maintenance as she was getting interim in 125 crpc and would not give a connection for free to neighbours .(iii) also while receiving interim maintenance she herself furnished her present address as my house upto july 2014.

by this I want to prove that she is living in my house and not travelling from her home town and not facing threat from my side.

NOTE:-Me and my other family members are not living in the same house.\

QUESTIONS

how much my effort comes fruitful by producing such proofs?

if somehow cases get transferred to her home town yet she will claim right to residence while I had provided her residence in my house with full control?