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Kamal (XYZ)     05 September 2014

Fate of transfered cases

We have three cases filed in three different districts. I have filed an Restitution of Conjugal Rights to Court A (Place where we last lived and where wife working place). Another case filed for child custody and visitation rights to Court B (court situated in my native district). My wife filed a Maintenance case against me to Court C (Court in her native district). My wife filed a petition to High Court to move all cases to Court C (Her native district). HC disposed the petition and directed to transfer all cases to court A (court near her working place).

 

Here is the details of cases and court:

Court A – RCR filed by me

Court B- Child custody filed by me

Court C- Maintenance case filed by my wife

 

Her lawyer appeared before court B first time and informed that they have filed petition to HC for transfer case to court C. I have attended two counseling sessions of maintenance case at court C. Counselor informed that attend court after one week. In this stage I got the order from HC about cases transferred to court A. Since then, I have not attended court C for further stages of Maintenance case. I have appeared 4 times before Court A for RCR. She or her lawyer didn't appeared before the Court A for RCR. After second appearance for RCR I got the order from HC. HC order says that 3 cases have to try to be one in court A. Few days back (3rd appearance) court A declared case exparte and coming Sept 22, 20014 for evidence. Few days back only my lawyer submitted the HC order to court A office.

My doubt is that, Court A start trial of three cases (including RCR) again from scratch after getting the HC order?



Learning

 3 Replies

Tajobsindia (Senior Partner )     06 September 2014

1. As per direction of State's HC the trial of all respective cases filed by parties will now commence from Court A, from its last proceeding stage subject to case file being received by Court A from rest other two Courts. . 
 

Kamal (XYZ)     06 September 2014

Case files not received to court A from Court B and C till now. If court A order for ex parte on RCR, its valid?

T. Kalaiselvan, Advocate (Advocate)     09 September 2014

The transfer of case bundles to the court A will be the responsibility of the court administration, if the court a has set the case exparte, go ahead with the evidence as required by law.


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