guide me please

YOU HAVE NO NEED TO APPROACH UNLESS YOU RECEIVE ANY NOTICE FROM HIGH COURT. IF HIGH COURT SENDS YOU NOTICE TO APPEAR ON ANY PARTICULAR DATE THEN TAKE HELP OF LEGAL SERVICES AUTHORITY BY MOVING A SIMPLE APPLICATION IN HIGH COURT AND YOU SHALL BE PROVIDED WITH ADVOCATE FREE OF ANY COST.

First try to understand the jurisdiction of High Court in respect of Transfer Petitions.  A District Court has got the power to transfer a case from one coourt to another court within its District.  Similarly,  a High court has got power to transfer petition from one court falling in one district to another court falling in another district within the State.  If case has to be transferred from one state to another state only Supreme Court has got the power.

Now you filed a case in Metropolitan Court.  Your husband filed a transfer petition in Bombay High Court seeking transfer from the metropolitan court, where you filed to some other court (where he might be residing or living for gain).  I presume that your court as well as his court fall within the state of Maharashtra but in different districts.

Go to Bombay High Court web site.  There you can trace the next date of hearing by properly typing the number of the case he filed, or by typing petitioner's (his) name or by typing respondent's name.  You may get the information you require.  There is another method.  If he really filed the transfer petition, you check your address on that petition.  If it is correct you will get a court notice for transfer petition intimating the next date of hearing.

Now, how to tackle this transfer petition.  Generally, husband's transfer petitions will not get favourable orders.  But you should not leave it to chance.  By just sending your reply rejecting the transfer petition in the post will not be entertained by the court.  Proper reply with solid grounds that why his petition should not be allowed has to be prepared as per the procedure laid down by Bombay High Court and in advance has to be filed in the court's registry (in general terms court office) and on the date of hearing put oral submissions on the basis of the reply already filed by you.  You can do it yourself or you can engage an advocate for preparation of reply and also to put oral arguments in favour of you and also appraise you of the condition of the case from time to time. 

As you are senior engineer, I suggest you to engage a good sincere and honest advocate to defend your position.

Warm regards   

Sir,

I have filed the Domestic violence case agaist my husband in bombay Metropolitan Magistgrate court.

As we both live at different places in mumbai.It is very difficult for me to go the high court,as its very far away from my place.My husband is just doing this to seek time,to give the reply of my filed petition of Domestic violence against him.

As you have suggested me,to go through the high court website.I have wrriten the name & tried to find the full details of my case,which shows it was filed on 19/3/2011.And the last date was 28/3/2011.Other details are not displayed.Can you please tell me how to search the next date ,or any relevant data of this case.The application no. is MCA stam no.7655/2011.Please suggest.

Regards.

Hi EKK

You should receive notice if it is admitted in the first place. until then MM won't adjourn it sine die.

Mere filing of case des not say 'stay of proceedings', anyways husband has to also apply for 'stay of proceedings' alongwith 'transfer petition' .

If stay of proceedings is ordered then only MM can stay the proceedings. Otherwise your proceeding should go on. You should raise above objections that there is no explicit stay of proceedings. And also no tice has been issued to you. you don't know whether husband's transfer petition is adimtted or got rejected 'at admission level'. Husband may file a affidavit that he has filed the 'trasfer petition'. but that may not be sufficient.

If files the affidavit that 'transfer petition admitted and scheduled for hearing of the same' and 'stay of proceedings at MM is ordered to stay' by HC until adjudication of transfer petition', then and then only MM would stay the proceedings, otherwise not.

Is he trying to transfer it to Thane?

If within the same jurisdiction he should  have gone in Sessions Court and not directly to Bombay High Court.

Mam,

No mam he is not trying to transfer it to thane.He has filed it in Bombay high court.

Mam what are the chances ?whether it will be accepted or will it be rejected?

Thanks for your advice.

regards.

where did you file it? e.g. MMFC at dadar, andheri, borivli?

And where your husband wants to trasfer it?

You amysen pm also to me.