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suggestion (graduate)     11 April 2011

Need help

Sir,

If I want to reject the transfer order filed by my husband,will I have to wait for the petition,to come to my house,or shall I go directly to the court,if I have the petition number?

Can anyone guide me the procedure for rejecting the transfer petition?



Learning

 3 Replies

Tajobsindia (Senior Partner )     12 April 2011

@ Soniya

1. If TP (C) special knowledge by way its date of hearing / court number / item number you have then adducing your side of facts you can always appear either as in -person or take assistance of a pleader whichever suits you. It is not necessary that one need ot wait for process summon service in such situations if one does not wants to delay the matter.


2. Showcausing your hardship is what could be deciding factor either to transfer the TP (C) or not as it is heavily gender biased decisions favouring ladies more then Indian men's.  

Manikantan (junior)     17 April 2011

  • yes mr TAJOB is right soniaji but transfers usually depend upon the facts and circumstances of each case. even if the case is transfered you are entitlled for the moity of expenditure towards travel and stay for urself and one companion. in all cases transfer cannot be ordered in the absence of a just and reasonable ground so fight the case all the best

Jamai Of Law (propra)     17 April 2011

Nothing gets ordered without hearing other side.

 

TP at high court

 

If husband has filed TP (How did you get to know it? by the way) , and anyways it is going to be served onto you, so better go there on your own expenses, receive the copy of TP and adjourn the matter. It would save your time.

 

Do Tell to the court about how you came to know about TP!!

 

Ensure you mention that TP has no merits etc etc in writing (WS to it) immediately then and there only. Ask court a few hours to prepare the response. (many lawyers have habit to file purshis, replies,says etc immediately as the situation may demand there sometimes.) 

 

Also ask for travel and proceeding costs for this TP as well in your WS to TP.

 

OR best ways is to first get to know whether Order of summons is issued or not.

 

Go prepared and ask the court to adjourn the matter by around 2 hours and prepare your say in hand writing (it is OK) make a few xeroxes and go back there and submit it and tell the court for arguments that day only (unless other party does not object to it. ) and ask court to adjudicate the matter summarily on the same day!!

 

Give it a try.

 

Probably court makes two lines of orders. e.g. "TP dismissed for no merits. No orders as to cost".

 

In your say to husband's TP,

  1. Show if husband's preferred place has no jurisdiction to try the matter .....  Even if multiple possible jurisdiction exists ..........yet .........pls note that 'preference is given to female genders in TP'.
  2. describe your difficulties unless 'TP is not dismissed'.
  3. lable this TP as a 'tactic to delay'.
  4. rebut any difficulties mentioned by husband (show comparative analysis)
  5. deny any allegations made by husband against you.
  6. pray for dismissal of TP with costs incurred for this whole TP proceedings.

 

To the least  ..................... ask for elaborate travel to and fro (intra city-taxi, auto, inter city-bus, railway, air fare), food, telephone and Acco/lodging expenses for each hearing.

 


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