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Damayanti (Unemployed)     29 May 2011

S. 24-CPC=Transfer Petition: fam. Courts << Prin. Fam.Court?

A quick help would be appreciated.

 

 

S. 24-CPC=Transfer Petition:

I want to get my case trasferred from current family court No. ABC  to another family court No. XYZ or peferably in the court of Prin. Fmily Court... by maikng an application to Principle Family Court/Judge vide a transfer application.

 

Does  the Principle Fam Court have jurisdiction to hear such transfer application or should I need to go to HC?

 

 

 

So Question is:

Are the other  family courts/judges called "subordinate family courts" to "Prin. Judge Family Court"

in context of sec 24 of CPC :::----- Which says HC or DC may make an order to transfer case pending at  a subordinate court to another subordinate court for remaining trial etc, on such an application (and notice to the other party is given to reply to it,  and weighing the merits in App)... or suo moto for administrative reasons (which does not require the 'say' from other party.)

 

 

Family Courts Act says that : - Principle Family Court is superior to the other Family Courts and does the  allocation of business (especially a court get vacant etc.) to all courts.  Does this stand to call it subordinate court?



Learning

 5 Replies

pratik (self working)     29 May 2011

Good Question : Are the other  family courts/judges called "subordinate family courts" to "Prin. Judge Family Court" 

Also so what does the Principal Judge Family Court Means ?

Alos intererst in other question raised by u.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     29 May 2011

Dear Querist,

 

As per laws, you would need to move High Court of your State for getting your matrimonial case transferred from one Family Court of a disctrict to a Family Court of another district in the same State. And, you would need to move Hon'ble Supreme Court of India for getting your matrimonial case transferred from one Family Court in a State to a Family Court situated in another State.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Damayanti (Unemployed)     29 May 2011

The transfer sought is within the same Familiy court in the city, so there is no change of district/city sought.

 

 

I just want  to transfer my case from 'this judge' to 'some other judge' ... Only court room is to be changed within the same district jurisdiction.

 

 

Q1. So to achieve this, does the Principle Judge have powers and jurisdiction? or not? to order such a transfer, if any litigant approaches for cogent reasons and merits?

 

Q2. for this kind of transfer also, do I need to go to High Court?

 

 

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     29 May 2011

Dear Querist,

 

As per query, you would need to move District Judge of same District Court for getting your matrimonial case transferred from one Family Judge to another in same Court, provided there is more than one Family Judge in the same District Court.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

1 Like

Damayanti (Unemployed)     29 May 2011

Thanks for the prompt reply


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