Rcr transfer

Dear Querist,

Please note that you will need to file Transfer Petition under Section 25 of the Civil Procedure Code, 1908 read with Order XXXVI of the Supreme Court Rules, 1966 seeking transfer of RCR petition filed by your husband pending in the Family Court, in Gujarat to the Family Court , New Delhi/NCR.

Secondly, your uncle can argue the case. Yet, as per SC Rules, your TP has to be filed through an Advocate-on-Record and when the TP is listed for admission hearing or on subsequent hearing, your uncle who is stated to be also a lawyer by himself, can appear and argue your case.

Thirdly, time taken to be approximately 4-6 months.

Last but not the least is the fee part. As you may appreciate that fee would largely depend on many factors which may be negotiated while discussing the case with your lawyer handling the case in the Supreme Court. However, be assured, its nominal.

It is advisable that a TP may be filed immediately so as to face any other inconvenience in the Court.

Trust this would suffice.

Feel free to revert should you think its necessary.

Rabin  Majumder

Advocate-on-Record

Supreme Court of India 

At:

Ch. 91, Sh. AK Sen Chambers Block, 

Supreme Court of India

New Delhi - 110001

If u feel urself in a hurry 2 transfer the case, do not worry. The case at Gujrat wil be stayed as ur TA stands pending in SC. Make sure ur advo applies for this stay too while applying TA

your uncle will be a great help in filing the transfer petition in sc