Civil Procedure Code (CPC)

Where to file section 24 in case of rcr filed in different state?


Hi There,

This is shikha and i was married in 2008, but due to increasing physical and mental torture to meet his dowry demands unfortunately my marriage was not successful and my husband threw me out with 2 months old baby from my matrimonial house in delhi. Now we are living separate past few months. Immediately i filed sections 498a and 125 in m local district court in state 'A'. Now after such a long while, he has filed section 9 RCR in his district court in state 'B', probably to seek grounds for divorce. 

What shall be my strategy: Shall i file transfer petition in supreme court? (if Yes, then have i have to have stay on RCR first? then how, my lawyers said that one appearance is must, it is immpossible for me or my family members to go there in state 'B')

Can i also file section24? (If yes, where to file it, my lawyers said it has to be filed in state 'B' only, and cannot be filed in state 'A' is it true?) 

My approach as per my knowledge is to file a transfer plea and avoid going to state 'B' even for single visit, please suggest.

Thanks

 
Reply   
 
zz

1) There is no need to personally go for RCR date at Gwahati. Ur lawyer may represent u via POA.

2) Sec 24 will lie where RCR lies.

3) Better file TA in SC. Ur lawyer will file application for "Stay on Proceedings" for RCR case & it wil be easily granted

Hope u received ur answers

 
Reply   
 


lawyer

you will need to appear before the court where RCR is pending on certain occassssions 

u needs to be there on your first appearance as mere POA is not sufficient in matrimonial cases

u needs t obe there while conciliation proceedings

n ofcourse while giving your deposition and on the final day

 

but you are thinking right

go for the transfer application and get it transfered 

as per your words i think u have got a very good case of transfer

good luck

 
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