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Munirathnam (Scientist)     08 February 2010

Case Transfer grounds and Supreme Court View

Dear All,

Kindly let me know the grounds applicable to transfer a criminal case / civil case between wife and husband , from one jurisdiction (Karnataka state) to other jurisdicon (Andra Pradesh).

Thank you.



Learning

 6 Replies

syed (student)     08 February 2010

Depending upon facts and figure, and based upon the judgement of judge and lawyer,Transfer of cases depends upon the Jurisditions the occurance of offence

Munirathnam (Scientist)     08 February 2010

Dear Syed,

Please elaborate your answer, like how Transfer depends on lawyer, you mean lawyer capability ...?

Also explain me meaning of judgments of judge ...

 

Thanks.

mdxyz12@gmail.com (mdxyz12@gmail.com)     02 May 2011

Hi,

I have a related query. My father is in poor state in health. Can this be a ground for transfer of the proceedings from my wife city. 

Also, the complainatnt is no longer living in that city.

Kindly suggest .

Thanks

MD.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 May 2011

Dear Munirathnam and MDXYZ12

No one can explain you the right position and ground to transfer your case untill you approach any expert.

So better to show your documents and your genuine reasons to your advocate and he may transfer it for you. but the basic reason is today law is in favor of girl, so if fater of MDXYZ12 is ill then it is not a ground but even though if we say that MDXYZ12 is the only son and no one is at home to serve his old father who need a regular medicine at the interval of 4-5 hours and the other place where case is going on is far away then case may be transfer. So it all depends upon your lawyer, your situation and facts of your case.

Good luck.

Jamai Of Law (propra)     02 May 2011

Wondering whether ............ did you get your maintenance thing stayed/reviewed/set-aside?

mdxyz12@gmail.com (mdxyz12@gmail.com)     02 May 2011

 

 

Dear Kamal,

Many thanks for your reply. Do we have any prior citations from the Honorable Supreme Court of India where the case has been transferred on medical grounds. Generally, the law is seen to favor the women. 

And are there any citations where the case was not transferred when the application was made on medical grounds?

Also, are there any cititions where the FIR was transferrred on jurisdictional grounds DURING THE COURSE OF INVESTIGATION. In my 498a FIR, there is no cause of action within the jurisdiction of district police where the investigation is being done. However, the police under the influence of my in laws, is investigating the FIR since one year, calling my parents every week for joining the investigations when they have to travel almost 6 hours. 

What can I do abt this?  

Can I file in court for some relief? 

Can I write in some way to senior Police officers? 

Please guide me on this. 

 

Thanks and regards

MD.


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