LawRato

appeal in supreme court against kolkata high court order


08-Feb-2023 (In Divorce Law)
I have filed for divorce against my wife who was torturing my 83 yrs old mother. I filed the case in Purulia in west bengal. My wife went to kolkata high court to transfer the case to asansol court which is nearer to her parents place and far from my place. My mother is major witness to this case and due to health reason and old age, she is not able to travel to asansol. however, the high court allowed the transfer. can I appeal to supreme court to stay high court order and transfer the case to another place which is nearer to my place to where my mother can travel.
Answers (3)

Answer #1
551 votes
yes you can. to get order in your favour you must put emphasis on your mothers ill health proved doctor's certificate prescription etc. you must focus on how justice could be effected if your mother cant reach court. please focus on old age and poor transportation system. evidence eould be age proof of your mother. other evidence is ministry's report of poor infrastructure etc. then you hsve a chance to win.
Helpful? LawRato LawRato
Answer #2
697 votes
Yes, you can but for the same, your mother has to file the application before hon'ble SC, and show cogent evidences for her illness or sickness which the highest court may consider upon hearing and request you not to file, make your mother file it, grounds should be strong
Helpful? LawRato LawRato
Answer #3
674 votes
Without delving into intricate details

you may file a 2nd application for revision in the high court itself

further high court is an appeal court too which undertakes it's own orders too .

If you need further help feel free to communicate
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."