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How to hold the case when transfer of application is pending in court
29-Jun-2023 (In Divorce Law)
We have registered a transfer of application in supreme court for transferring my daughter's divorce case to a different state. Even though our lawyer has submitted a memo regarding the transfer of application, opposition lawyer argued that the case proceedings cannot be stopped until a stay has been granted and he started the proceedings. Judge too agreed for it and said until stay has been granted, the proceedings can be continued. We have applied for the stay along with the transfer of application one month back, but the stay is not yet granted. Is it true that the proceedings can be continued until the stay is granted? Any other way to hold the case/stop the proceedings? Can the stay be obtained from high court or any other court? we are looking for a immediate way to hold the case or obtain the stay before next hearing which is 3 weeks ahead. How should we proceed?
The supreme court alone can stay the proceedings, please ask your advocate whom you have appointed to put his efforts and get a stay order, the lower court is right it cannot stop the proceedings, you can do one thing file an application under section 24 of hindu marriage act and ask for litigation and other expenses it will atleast delay the matter for see some time.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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Move for the stay application in the jurisdictional High Court through your advocate again and explain about the urgency in the matter involved and there is a chance of considering the same. Meanwhile move the memo before trial court and submit that the case is pending in Supreme Court regarding its transfer and until the disposal of that application case may not be proceeded further in these circumstances judge may consider it. Otherwise inform your advocate to move the stay application and address the argument as soon as possible.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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