What is Notice of Motion in a Transit CMP?

908 votes

Transfer of cases relating to Matrimonial Disputes from a court situated in a particular state to a court situated in another state, can only be done by the way of Transfer Petition which may be filed by either party to the case before Hon'ble Supreme Court of India. Such Transfer Petition is filed under Section 25 of Code of Civil Procedure, wherein under the said provision, Supreme Court of India has original Jurisdiction to transfer a civil case relating to Matrimonial Dispute, based on facts of the case, & circumstances of parties, and if such transfer is expedient for ends of Justice. Similar power may be exercised by High courts in the event transfer of case is sought from one district to another within one state, over which the concerned High Court has Jurisdiction.

Advocate Raghuraman Balaji LawRato

980 votes

The Plaintiff applies for urgent relief - seeking an injunction restraining the opposite party from disturbing the status quo, seeking appointment of a Court Receiver over the property so that the property is taken in custodia legis - (in the custody of the Court) etc. In Bombay, the application is called a Notice of Motion and in other places it is called an interim / interlocutory application. This is supported by an affidavit which briefly makes out a prima facie case and tells the Court that the balance of convenience is in his favour and that irreparable loss will be caused if the ad- interim relief is not granted.

Advocate Dhanagodi LawRato