Transfer petition

until otherwise you get the order for transfer, you need to appear before the court which the case filed by your husband

Hello!  

Cases of restitution of conjugal rights can be transferred only by high courts and the supreme court under their original jurisdiction. Section 25 of civil procedure code, 1908 states that either of the party can file for transfer restitution of conjugal rights case in front of High Courts if has to be transferred among districts or to Supreme Court if it has to be transferred interstate.   

Since the date of your statement is reaching near and simultaneously you have filed for the transfer of the case in your district, you need to visit the court to present the written statement as the limitation period for the same is expiring. After reaching the court, you can inform the court through your lawyer that you have filed for transfer of case and it is also important to inform your husband that you have applied for transfer of the case.  

Regards  

Vasundhara Singh  

Should I file written statement also in the court where husband filed rcr case? .  or just go and informed judge that I have applied transfer petition in my district.?

Hello as above said that you need to file a Transfer Petition in the High Court of your Jurisdiction if you need to transfer it from one state to another district but if you need to transfer it from one state to another then you need to file a Transfer Petition before Supreme Court. Till the order of transfer has not come then you need to appear before the court where the case is under trail.

नमस्ते जैसा कि ऊपर कहा गया है कि यदि आपको इसे एक राज्य से दूसरे जिले में स्थानांतरित करने की आवश्यकता है, तो आपको अपने अधिकार क्षेत्र के उच्च न्यायालय में एक स्थानांतरण याचिका दायर करने की आवश्यकता है, लेकिन यदि आपको इसे एक राज्य से दूसरे राज्य में स्थानांतरित करने की आवश्यकता है, तो आपको एक स्थानांतरण दायर करने की आवश्यकता है। सुप्रीम कोर्ट में याचिका। जब तक स्थानांतरण का आदेश नहीं आया है तब तक आपको उस अदालत के समक्ष पेश होने की आवश्यकता है जहां मामला चल रहा है।

Regards -:

     Adv Arpit Tumbaria

High Court of Uttarakhand

If your RCR case is proceeded in the same State you will have to approach High Court under the provision of Section 24 of the Code of Civil Procedure, 1908. If it is in some different State (High Court of judicature) move to Supreme Court under Article 139 A of the Constitution of India, 1949 read with Section 25 of the Code of Civil Procedure, 1908. 

If you have not obtained "stay" of proceeding you are required to submit your written statement within 30 days of service of notice under Order VIII Rule 1 CPC..

Contact your lawyer advise and necessary action.

You may have to file the transfer petition before high court only.

Along with the transfer petition you can file an application to stay the proceedings in the court where this RCR petition is being conducted till the disposal of the transfer petition.

After the transfer petition is numbered by high court, you can file a memo before the concerned court stating that you have filed the transfer petition hence the case  may be adjourned till the disposal of the transfer petition by high court.

rcr filed by husband in one district wife reside in other District . If wife submit written statement in the district where case registered.as she is ready to stay with husband. if husband deny to take wife .

After filling written statement can she  file transfer petion in her district.or case get stuck in the district where she filled written statement.?