Case transfer in same court complex
sudhir
(Querist) 01 April 2014
This query is : Resolved
My wife filed 3 cases against me in JMFC court (court A) i.e dowry harassment, domestic violence and maintenance u/s sec 125. I also filed case against her u/s 340 for giving false affidavit in 125 case. However,the court A was dissolved and dowry harassment, domestic violence and 340 case was transferred to court B while maintenance u/s sec 125 was transferred to court C in same court complex. The court C awarded excessive interim maintenance and I filed revision in ADSJ court which is admitted.
Meanwhile, court B is finding it difficult to decide on 340 case without the main case i.e. 125 case in its court. Hence, the JM of court B advised me to file for transfer of 125 case from court C to its own court.
1. Can I file for transfer of case at this stage when the revision for interim maintenance is being heard?
2. Can I file for transfer during the next date of hearing of revision in ADSJ court or it has to be filed as a separate case?
3. Will I have to make my wife as party in transfer ?
V R SHROFF
(Expert) 01 April 2014
Get certified true copy of entire 125 proceedings and submit to ADSJ COURT .. + CONCERNED OTHER CT.
sudhir
(Querist) 01 April 2014
ADSJ court has already admitted the revision petition and called the records from the court C. Can I file transfer petition at this stage or wait till the revision petition is decided ?
Nadeem Qureshi
(Expert) 02 April 2014
you should wait till the finalization of revision
T. Kalaiselvan, Advocate
(Expert) 02 April 2014
Wait for the outcome of the revision petition filed by you, in the meantime, if the court is insisting you to furnish the details of 125 case filed by her, you may obtain certified copies of the same and file it before the B court.
