Transfer petition u/s 24 cpc - divorce

Gaurav (Querist) 23 May 2012 This query is : Resolved
Dear Experts,

Wife put a Petition in HC (Chandigarh) to transfer divorce case (filed by me) from Faridabad to Gurgaon. My father received the HC notice today and date of HC hearing is on May 28.

I stay in Bangalore and cannot go on such short notice to Chandigarh.

Q. Does HC decide in first data to transfer the divorce case ?

Q. What if i or my lawyer do not manage to appear in this May 28 date? Our local Faridabad divorce date is on June 02.

Kindly advise.

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R.K Nanda (Expert) 23 May 2012
1.No, it takes few dates.

2.You may be proceeded exparte and application of ur wife may be allowed by court.

adv. rajeev ( rajoo ) (Expert) 23 May 2012
On the first no orders will be passed, except placing you as ex-parte

Adv.R.P.Chugh (Expert) 23 May 2012
Dear Mr.Gaurav,

In the fitness of things - you should enter appearance in the High Court case, as it is in transfer cases the balance is heavily tilted in favour of women, the court would not pass an adverse order straightway but do stay the proceedings filed by you at Faridabad in your absence.

Feel free to talk !

Gaurav (Querist) 23 May 2012
Thanks for the answers expert. It took me three HC dates to take stay on 498a local proceedings u/s 482 CRPC when wife did not appear on any date nor her counsel appeared.

Q. Keeping this in mind, can HC still make me ex parte on first hearing when notice is only received by my father a week before the actual date ?

Q. Do i still get a next date after exparte to appear and defend this divorce transfer petition?

R.K Nanda (Expert) 23 May 2012
1.Yes.

2.Poor chances.

Nadeem Qureshi (Expert) 23 May 2012
Dear gaurav
It is not necessary to pass any order on same date, its depend on the situation and circumstances, may be on that day the lawyer go for strike, Po can be on leave, The judge may not be entertain whole files and give date.
Feel free to call

M V Gupta (Expert) 24 May 2012
Why not ask ur father to appear in the court on ur behalf and seek sufficient time to engage advocate and file ur reply. He can inform the court that u stay in Bangalore and need time to engage Advocate etc.