Murugasaveus29 29 June 2017

Regrading holding the case when transfer application filed

We have filed the transfer petition and stay to the supreme court for transferring my daughter's divorse case to another state. However the stay is not yet granted.

The opposition lawyer has stated that he will continue the proceedings until the stay has been granted.

Is there anyway to hold the case/stop the proceedings immediately? Or can the stay be obtained from high court?

Thanks in advance.

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 29 June 2017

Sir,

Only the Supreme Court has the power to stay the proceedings ....

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Arjun Kohli 29 June 2017

As you have stated, the stay petition is already pending before the Supreme Court. Therefore the High Court can not deal with that same thing for it falls below the Supreme Court in the judicial heirarchy.

Advocate Bhartesh goyal (advocate) 29 June 2017

yes,only Apex Court has power to transfer divorce petition from one state to another state and Apex court can. grant stay order in such petitions.High court will not entertain and pass any stay order.