Sc for transfer of divorce case

If Supreme Court have already registered the transfer petition and the same is accepeted by the concerned judges through order of issuance of notice, your wife will have to file nominal process fee and copies of her petition within one week of order. Thereafter, court may issue you notice, which will reach you and concerned lower court before next date in Supreme Court.

Normally, for transfer petition there can be dates with difference of 2 and half months. Total duration of case may be around one year to one and half years.

Once you file reply to her petition, she will have to file rejoinder there to. After, pleadings are complete there would be arguments.

In case you know from other sources about her filing so and you have not received notice yet, you can have option to file caveate.

As far as probability of result is concerned, the same depends on number of circumstances.

As far as fee of advocates here is concenred the same vary from advocate to advocate.

Goutam Prasad

Advocate

Supreme Court of India

Mob: 9810753838

https://www.aegisjurist.com

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Dear Sir

Thanks you for your fast response.

Step 1 - Supreme Court registers the transfer petition

Step 2 - TP is accepeted by the concerned judges through order of issuance of notice

Step 3 - My wife will have to file nominal process fee and copies of her petition within one week of order.

Step 4 - Thereafter, court may issue me notice, which will reach me and concerned lower court before next date in Supreme Court.

Step 5 - I had to file reply to her petition,

Step 6 - She will have to file rejoinder there to my reply. After, pleadings are complete there would be arguments.

Normally, for transfer petition there can be dates with difference of 2 and half months. Total duration of case may be around one year to one and half years.

In case you know from other sources about her filing so and you have not received notice yet, you can have option to file caveate.

As far as probability of result is concerned, the same depends on number of circumstances.

As far as fee of advocates here is concenred the same vary from advocate to advocate.

Two Queries

(1) Can you please let me know whether it is worthwhile to contest this transfer as the law is ultimately in favour of women.

(2) You have mentioned in your petition that "you can have option to file caveate" 

Can you please help me in understanding in layman's language.

Once again thank you so much.

If petition is filed, It is always better file reply. Not representing your self is not a good idea even if the result may not be in your favour. Many a times on good grounds, court may have differnt views because there is no law on the point, transferring a matter is discretionary one.

Further, by making reply, you can pray for time bound decesion in lower court as you will have difficulty in attending dates by going from other town.

Caveat means a petition requesting court to inform you or your advocate about filing of any petition against you and not to pass any order without hearing you or your advocate. The same may be required as if there is no caveat court may grant ad interim stay in proceedings of divorce case and hence the case would be stayed without hearing you and the same will remain stayed till disposal of the SC proceedings.

Whereas in case of caveat, at least you will be benefitted with time taken in service of summons to you and other process. Then straight away you will be allowed to file reply saving approx. 2 and half months in SC proceedings.

Goutam Prasad

Advocate

Supreme Court of India

Mob: 9810753838

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Agree with Mr. Gautam

[25. Power of Supreme Court to transfer suits, etc.

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]

COMMENTS

(i) In transfer of suits, appeals or other proceedings paramount consideration is that justice according to law is done; Dr. Subramaniam Swamy v. Ramakrishna Hegde, AIR 1990 SC 113.

(ii) No case can be transferred to another court unless first Court is biased or some reasonable grounds exist; Gujarat Electricity Board v. Atmaram Sungomal Poshani, (1989) SCJ 180.

Feel Free to call

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262

1) File counter with the help of freind/advocate.

2) Contest it as party in person.

3) Drag the case for mediation if u want. They have to spent more money n time to get result.

4) After 6-8 months fight, it may be transferred (as more than 95% cases r transferred)

5) It is your efforts and hon judges wish which counts for favorable judgement.

see the favorable judgement.....!

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S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

TRANSFER PETITION (CIVIL) NO.1268 OF 2009

(For Prel. Hearing)

INES MIRANDA Petitioner(s)

VERSUS

SANTOSH K SWAMY Respondent(s)

(With appln(s) for ex-parte stay)

Date: 14/12/2009 This Petition was called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE DALVEER BHANDARI

HON’BLE MR. JUSTICE A.K. PATNAIK

For Petitioner(s) Mr. S. Gurukrishna Kumar,Adv.

Mr. S.R. Setia,Adv.

For Respondent(s)

UPON hearing counsel the Court made the following

O R D E R

The petitioner is seeking transfer of the case from Chennai to Bangalore. Her contention

is that it is inconvenient for her to look after the case at Chennai because she is working

in Bangalore and has a small child. Learned counsel appearing on behalf of the petitioner

submits that it would not be inconvenient for the respondent-husband to prosecute the

case in Bangalore as he is unemployed.

The petitioner is directed to pay Rupees ten thousand as travelling expenses to the

respondent since he is unemployed. Upon deposit of this amount, notice would be issued

and the proceeding before the Trial Court shall be stayed.

[ Alka Dudeja ] [ Neeru Bala Vij ]

Court Master Court Master

Dear All 

Thank you for your response.

In my case SC has givn eight weeks to respond. Can you please let me know the maximum time for responding to SC or filing the reply. I have heard somewhere that we need to file within 4 weeks from the date of reciept of SC notice.

Thanks You

since supreme court has granted you 8 weeks time to file your say you can  file within period of 8 weeks . dont worry . your lawyer will as per your instructions do the needful 

Since, you have been provided with 8 weeks time, You can get the reply filed in 8 weeks. Consult a good advocate of your choice.

Goutam Prasad

Advocate

Supreme Court of India

Mob: 9810753838

https://www.facebook.com/aegisjurist