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Anand Bali Adv. (Advocate Solicitor & Consultant)     29 June 2017

High court appeal transfer case

Under Sec 25 CPC a transfer petition can be moved to Supreme Court for getting transfer of an Civil Appeal case of one High Court to an other High Court of the respondent concered as per the provisions considering the ends of justice in favour of both the parties.

Please give me some good citation of matrimonial Appeal case transfer to the wife's residential place High Court from one state to an other state.

Case is like this the Petitioner filed a case of Divorce at "A"state  Family court and tried to get an exparte decree in his favour without serving notice to the wife residing at "B" state. However the Principal Judge was smart and claver enough and he gave adverce order Judgement against the petitioner after finding lecunas in in petition itself in favour of wife and against Husband and dismissed the petition. Now petitioner Husband has filed an Appeal against this Family Court order in "A" State High Court but notice is not served to the defendent wife till now however from other sources i.e internet, she has find out the position in court and has applied for the transfer of this Appeal in the Supreme Court.

I need a good citation in this regard to support the transfer of the Appeal case from A state High Court to B state High Court.

Please only provide a relevant citation of Supreme Court. Nothing else.

With Regards to all Colleagues.



Learning

 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     29 June 2017

Sir, The facts are good enough to support your case !!!! For citation u can look online !!!! Warm Regards Kapil Chandna Advocate 9899011450

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     29 June 2017

Sir, The facts are good enough to support your case !!!! For citation u can look online !!!! Warm Regards Kapil Chandna Advocate 9899011450

Siddharth Srivastava (Advocate)     29 June 2017

Section 25 CPC empower the supreme court to transfer any case from the jurisdiction of one court to another court of different Jurisdiction depending on circumstance of the case but remember it is not a matter of right of any individual to seek transfer. There are lot of judgements on this point. Just search on SC cite under this topic.

sai narayana   30 June 2017

Generally courts are against the husband and here the lower court already given adverse order that too on exparte case, so there are very very low chances for any miracle to happen in high court. So asking transfer of the same is needless exercise except wasting money or teasing the husband a more.


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