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radhika (housewife)     28 November 2012

Rcr transfer

plz can some one tell me... i want to get RCR case transfered to delhi NCR... as my husband has filed a case of RCR in Gujarat.... wht will be the total tranafer fee.... moreover.... only tranafer needs to be done.... then my uncle will take over the case..... as he serves in NCR court....


another thing... as i have mentioned tht my uncel is also a lawyer and he serves in NCR court... can;t he help me in getting the case tranaferred from supreme court... or only the superem court lawyer can do the tranafer procedue....?

my main concren is to get the case tranaferred at the earilest i received the summon on june 2012...




 4 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     28 November 2012


Dear Querist,


Please note that you will need to file Transfer Petition under Section 25 of the Civil Procedure Code, 1908 read with Order XXXVI of the Supreme Court Rules, 1966 seeking transfer of RCR petition filed by your husband pending in the Family Court, in Gujarat to the Family Court , New Delhi/NCR.


Secondly, your uncle can argue the case. Yet, as per SC Rules, your TP has to be filed through an Advocate-on-Record and when the TP is listed for admission hearing or on subsequent hearing, your uncle who is stated to be also a lawyer by himself, can appear and argue your case.


Thirdly, time taken to be approximately 4-6 months.


Last but not the least is the fee part. As you may appreciate that fee would largely depend on many factors which may be negotiated while discussing the case with your lawyer handling the case in the Supreme Court. However, be assured, its nominal.


It is advisable that a TP may be filed immediately so as to face any other inconvenience in the Court.


Trust this would suffice.


Feel free to revert should you think its necessary.




Rabin  Majumder


Supreme Court of India 



Ch. 91, Sh. AK Sen Chambers Block, 

Supreme Court of India

New Delhi - 110001



rajiv_lodha (zz)     28 November 2012

If u feel urself in a hurry 2 transfer the case, do not worry. The case at Gujrat wil be stayed as ur TA stands pending in SC. Make sure ur advo applies for this stay too while applying TA

JANAK RAJ VATSA (ADVOCATE)     28 November 2012

your uncle will be a great help in filing the transfer petition in sc

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