Can high court transfer a case to another state?

Anon P. (Querist) 11 December 2021 This query is : Resolved
DV Act case was filed in Andhra Pradesh. We live in Telangana. My parents are very old and cannot travel to defend.
Does High Court of AP has power to transfer case to Telangana?
Which Court do I have to go to transfer the case to Telangana?

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Quick Summary

If you need to transfer a DV Act case filed in one state to another, a High Court generally cannot do this itself as it lacks jurisdiction. To move a case between states, you must petition the Supreme Court of India. This is typically done via a Transfer Application under Section 406 of the Criminal Procedure Code.

P. Venu (Expert) 11 December 2021
DV cases are more or less civil cases. It is not necessary that the respondents should attend the court. Your advocate can take care of your response/defense.

If the cause of action has taken place in AP, how come the parents residing in Telengana are the respondents?

Shubham Bhardwaj (Expert) 11 December 2021
Dear Sir,

Without going into the facts let me inform you that a High Court cannot transfer a case outside its jurisdiction. To transfer a case from one State to another, person has to approach Hon'ble Supreme Court of India through a Transfer Application.

Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance.

Advocate Bhartesh goyal (Expert) 11 December 2021
High Court has no power to transfer any case from it's jurisdiction to another High Court's jurisdiction .This power vests to Supreme Court of India so you have to approach Supreme Court.

Dr J C Vashista (Expert) 12 December 2021
Apply to Supreme Court under section 406 of Criminal Procedure Code, 1973 read with Rule XXXIX of Supreme Court Rules, 2013

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