Transfer rcr
petchimuthu
(Querist) 25 February 2013
This query is : Resolved
Sir,
A maintenance case under section 125 of CRPC was filed by my wife for which counter has been filed by me. Before that I filed a case for restitution of conjugal right to put up a separate family in another court. Now the RCR case has been ordered by the High Court to transfer to the Court where the maintenance case is being trailed for joint trial. The order copy was obtained by applying copy application from High Court. The official copy has not yet been received by the Courts concerned till now. In this position I want to clarify the following points.
1. Shall I get adjournments till the arrival of the original case file of RCR to the Court in which maintenance case was filed, by presenting a petition before the concerned Court with the copy of order of the High Court.
2. My Advocate told me that until and otherwise the RCR case files have not been received, adjournment could not be obtained and trial has to be proceeded.
3. Shall I have been barred from getting adjournment since I have already filed counter.
Thank you, sirs.
Perumal .M
Devajyoti Barman
(Expert) 25 February 2013
Giving adjournments is the discretion of the court.
If it is ordered to be for joint trial then adjournments should be allowed till receipt of record of RCR.
petchimuthu
(Querist) 25 February 2013
A maintenance case under section 125 of CRPC was filed by my wife for which counter has been filed by me. Before that I filed a case for restitution of conjugal right to put up a separate family in another court. Now the RCR case has been ordered by the High Court to transfer to the Court where the maintenance case is being trailed for joint trial. The order copy was obtained by applying copy application from High Court. The official copy has not yet been received by the Courts concerned till now. In this position I want to clarify the following points.
1. Shall I get adjournments till the arrival of the original case file of RCR to the Court in which maintenance case was filed, by presenting a petition before the concerned Court with the copy of order of the High Court.
2. My Advocate told me that until and otherwise the RCR case files have not been received, adjournment could not be obtained and trial has to be proceeded.
3. Shall I have been barred from getting adjournment since I have already filed counter.
Thank you, sirs.
Perumal .M
Nadeem Qureshi
(Expert) 27 February 2013
Dear Querist
you have right to file an adjournment application in your case if you have a reason to get, and three adjournment can be accepted by the court.
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