shalini (not working) 24 November 2012

Unable to understand supreme court verdict

Hello Everybody

I have filed the the transfer application in supreme court and court has tranfered the case to my place. I am little bit confused now. Is supreme court has given direction to solvemy divorce case case with in nine month ?

O R D E R
                       Having heard learned counsel for the Petitioner and
           gone through this transfer petition filed by the petitioner-wife
           under Section 25 of the Code of Civil Procedure and considering
           the facts and circumstances of the case, we deem it fit and
           proper to transfer the matter - H.M.A. Case No.114 of 2011
           titled "MR.X and Mrs Y" from the Court of
           District Judge, place A to the Family Court at place Br
           .
                       We order accordingly.
                       Within a fortnight of communication of copy of this
           order, District Judge,  place A shall transmit the
           record to the Family Court at Place B, where
           the matter itself shall be decided within a period of next nine
           months, without granting undue adjournment to either of the
           parties.

Kindly clarify me asap

thankyou so much

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6 Replies

stanley (Freedom) 24 November 2012

Supreme court has transferred your case to your place . Supreme court will not solve your divorce case but has intimated the court where it has been trasferred to come to a judgement within a period of 9 months .

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shalini (not working) 24 November 2012

thanks for advise

I have filed 125 crpc then what happen to that ? my divorse and 125 crpc will solved together in 9 month or 125 crpc case will solved after diovrse case

plz clarify me

stanley (Freedom) 24 November 2012

In Crpc 125 your counsel must have put an application for interim maintanence .Hence i presume it would be granted as the trial goes on .

Tajobsindia (Senior Partner ) 24 November 2012

See the confusion you created by mixing two cases and referring them as interpretation of SC direction;

1. First of all you approached SC for transfer of a divorce case to your direction. SC obliged you and transferred the same to your Jurisdiction. May be SC saw in your transfer case that it was pending for quite long so suo-motto directed trial Court to finish it off logically in 9 months time frame without granting parties any further adjournment. OR may be your side before SC might have inference the delay in divorce case hence SC gave expeditious trial guidelines as stated in her Order. This para reply clarifies your main first question.

2. Now when you tell us that you have a S. 125 CrPC case also and refers to SC Order then it shows clearly that only for Divorce case the expeditious trial is ordered by SC and not for the S. 125 CrPC as you never went to SC for transfer of a S. 125 CrPC case – right !

Now may be the confusion you might have if I read you correctly is that in your Jurisdiction there is a Family Court where you instituted S. 125 CrPC and now with transfer Order of SC the Divorce case comes to this Family Court too for further adjudication with standing Order to dispose it in 9 months and thus you are asking your last question as above thinking that now both cases may be disposed off in 9 months!

But the reply of @ Stanley is correct i.e. Divorce case will run continuously for 9 months without adjournments allowed and now if your side prays before same Family Court to dispose off S. 125 CrPC (interim) also keeping the spirit behind SC Order as driving direction then anyhow the S. 125 CrPC case (interim if not ordered till date) will also dispose of very quickly.

Anyhow you did it is my compliments to you as I know you have been diligently perusing your transfer case before SC since Aug. or Sept. or so and your friends () S. 125 CrPC case.

Good self work.

ANAMIKA VICHARE (LAWYER) 24 November 2012

Yes to avoid hardship to the other spouse living at distant place, this is the order. the matter shall he finished within 9 months. sometimes extentionsf are also granted. And why you have to get confused as it is a good order for you unless your inentions are to harass the other party

1 Like

shalini (not working) 25 November 2012

thank you all for clarify my doubt

to @ tajobs yes i am pursuing my transfer case since aug 2012 and finally i got the order. I neither belong from lawyer famliy nor i am lawayer so i have to ask or read to pursue my case however my husband belongs to copmlete lawyer family and they made me runing from this court to another form last 7 years.