Transfer petition in high court

Anu (Querist) 13 March 2013 This query is : Resolved
Hi Experts,

My Husband has filed divorce case in his place which is in his native and I have filed RCR in my place. I have been attending all hearings so far for divorce case, but my husband has not yet taken the notice from RCR. As I am working in different state it is difficult for me to travel for each hearing.
Now I have filed transfer petition in high court to get divorce case transferred to my place. My lawyer will be sending a memo stating the same to the court where divorce case filed.
My question is as the transfer is not yet granted, is it required for me/my lawyer to still attend the hearings or we can wait for the transfer case which is pending in high court.
Please suggest.
Thanks.

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Devajyoti Barman (Expert) 13 March 2013
File transfer petition in the supreme court. It should be allowed, do not worry.

prabhakar singh (Expert) 13 March 2013
Unless there is stay granted by the high court,proceedings in lower court would continue date by date but your advocate there with proper instruction can attend dates even without your personal presence as that would be required at the time of evidence and cross examination.

ajay sethi (Expert) 13 March 2013
agree with experts

Anu (Querist) 13 March 2013
Thanks for the response. but my lawyer says that just by submitting a memo telling that transfer case is pending in high court would make the lower court to keep the case in pending state. is it true ? and according to him there is no need to appear infront of lower court till the case is transferred.
Then if I am not attending the hearings is there any possibility that divorce decree is granted ?

prabhakar singh (Expert) 13 March 2013
It is not as true as your lawyer says.Unless there is stay order by the High Court ,lower Court can proceed in it's discretion without committing any illegality.If it is giving dates on the basis of memo of pendency of transfer then that is it's generosity as well as it's own pendency of other cases.

If you are not attending dates in lower court then at least counsel engaged by you should appear to watch what is and how is the going there.