Attend the court on date for statement in case of transfer application is pending
Ruchi arya
(Querist) 26 August 2011
This query is : Resolved
Sirs, My client is belongs to gwalior his marriage is conducted in Ujjain where his husband was living with his family members.
Due to major family crises my client registered 498A case against his husband with his family members in may 2009 in ujjain and come back to her native palce i.e. Gwalior. In Gwalior she has been filed the divorce case section 13, section 406 and section 125 case against her husband in may 2009.
But her husband is also file the section 9 case against her in july 2009 in Ujjain and 498A is also pending at ujjain.
The Gwalior high court in Madhya Pradesh and the Ujjain is under high court of Indore which is also in madhya pradesh.
The application has been filed on May-2011, by my client in High court Gwalior for transfer the both case i.e section 9 & 498 A from ujjain to Gwalior.
The hearing for statement of my client is to be started at ujjain for 9 & 498A cases, & the judgement for transfer the cases from ujjain to gwalior is not finalized till date for both cases.
My question is that, the hearing for statement for the section 9 and 498A must be attend or not till the final decision is not passed by the High court gwalior for transfer the cases? If no kindly suggest the rule/section to me.
ajay sethi
(Expert) 26 August 2011
you have to attend the hearings . you can inform the court that your transfer application is pending before the high court and till final decision is reached to kindly adjourn hearing for period of 3 months or so . court will most probably oblige you and adjourn the case
Raj Kumar Makkad
(Expert) 27 August 2011
If no stay order is in operation against the initiation of further proceeding in both the pending cases at Ujjain then you are bound to attend the defend the case effectively and trial court is not bound to grant any mercy chance to wait for the outcome of the proceeding pending before HC.
Shastri J.K.
(Expert) 27 August 2011
you have to attend the hearings . you can inform the court that your transfer application is pending before the high court and till final decision is reached to kindly adjourn hearing other wise transfer application will be infuctuous so . court will most probably oblige you and adjourn the case
Ruchi arya
(Querist) 28 August 2011
Thank you sir Query has been solved by your valuable advices. Ad. RUCHI ARYA
