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How can I transfer case from one state to another state


21-Apr-2023 (In Divorce Law)

My son in law applied for divorce when she was visiting us in India without her knowing, also got her visa canceled. He asked her further to settle divorce by mutual consent ,which was not agreed by us.we filed a petition I supreme Court to transfer the case from Madras high Court to Delhi. But so far he has not appeared in hearing in supreme Court and also not communicating My question here is:what shd be our next move and do we have claim for any compensation?. My daughter right now is working in Bangalore

Answers (3)

Answer #1
718 votes
Process to transfer is through SC only for any civil or criminal case from one state to another. However in your case a petition for transfer is already pending, if one party is not responding or replying or appearing, you ought to press before court to proceed ex parte. If you daughter is in Bangalore matter may be sought to be transferred there also. Compensation would not be before SC but before concerned district or family court. But considering cases being pending , I would like to see all files, order sheets, proceedings so far before offering any conclusive advice or opinion.
Advocate Mareesh Pravir Sahay

Adv. Mareesh Pravir Sahay

LawRato Delhi | 25+ Answers
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Answer #2
502 votes
Based on your query you have filed a Transfer Petition in Supreme Court to transfer a case from Chennai to Delhi and the Supreme Court must have issued notice to it but after notice your son-in-law must be avoiding notice for one or other reason. It becomes difficult if he happened to stay in any foreign nation since the notice could be served through only the Consulate General of India in that nation which is practically very difficult due to poor administrative structure. So somehow we will have to serve him otherwise after taking due permission of the court we could serve him by alternative way i.e serving him through the local news paper of that nation/region thus service stands complete. Then the case will be transferred from Chennai to Delhi.Good luck.
Advocate S. Sethu Mahendran

Adv. S. Sethu Mahendran

LawRatoDelhi | 100+ Answers
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Answer #3
972 votes
Have the service (Notice/ Summon/ Copy of Petition served) to the respondent done?
If yes, then he is bound to appear before this court, in such case, you can file an application to proceed Exparty for the Decree of Divorce.

Per se no compensation claim subsist on this ground, if he is not appearing, however, your Daughter have got all other legal right including compensation, maintenance, alimony etc. being the legally wedded wife.
Advocate Naveen Kumar Shelar

Adv. Naveen Kumar Shelar

LawRatoDelhi | 100+ Answers
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Prince Raj
Me khana chatat hu sir ki mera ak court case chal raha hai jo me apne state me karna chata hu bokaro steel city se p[atna me to kya ho skta hai

Reply by LawRato
Your question is unclear as to the nature of court proceedings pending in your case. The procedure for inter-state case transfer varies from criminal to civil cases with Section 406, Code of Criminal Procedure, 1973 and Section 25 of the Code of Civil Procedure, 1908 being the relevant provisions in criminal and civil cases, respectively. Since more information is needed in order to guide you better, it is advised that you click on the link below and send in your detailed query for Free Legal Advice. 
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