Jurisdiction of courts
Intern
(Querist) 15 March 2013
This query is : Resolved
Leraned Experts
Query in short..requested to reply as what law says about jurisdiction
Husband and wife were living in Bhopal after marriage. After all blunders and fight wife came to her parental home in Delhi and flied package of cases 498a 406 34 DV-125 etc.
The allegations which she has put in FIR are all based out of Bhopal where the couple was staying...in layman she has alleged that she was beaten in Bhopal...dowry demand was also done in Bhopal and all shit which is written in FIR pertains to Bhopal not Delhi
My query stands when all allegations are pertaining to Bhopal....can the husband Can approach court to change the case jurisdiction to Bhopal local court??
And if yes whats the procedure??
Devajyoti Barman
(Expert) 15 March 2013
Yes, this case is fit to be transferred to Bhopal. File transfer petition in supreme court.
Intern
(Querist) 15 March 2013
@ Devajyoti
Sir
Cant we file the transfer petition in High court.
Urge to all experts...Kindly suggest a reasonable advocate also who can file my petition as i cant pay much fees
R.K Nanda
(Expert) 15 March 2013
u can file TP in SC but chances are poor as
courts are pro women.
R.K Nanda
(Expert) 15 March 2013
u cannot file tp in HC as only SC has power.
Intern
(Querist) 15 March 2013
Can any one suggest me a lawyer to file my TP in SC with very resaonable fees?
Intern
(Querist) 15 March 2013
I hope in this expert section there might be some advocates from SC also???
Anyone??
Intern
(Querist) 15 March 2013
I hope in this expert section there might be some advocates from SC also???
Anyone??
Adv k . mahesh
(Expert) 15 March 2013
Normally, Husband or wife can put transfer petition to transfer the petition from the place where it is initiated to the place of convenience.
Transfer Petition can be filed either in Supreme Court or High Court. Transfer Petition can be filed by either parties prosecuting or contesting case.
Transfer Petition is filed in concerned High Court when issue of jurisdiction is within same state and High Court.
Transfer Petition is filed in the Supreme Court when issue of jurisdiction relates to different States and High Court.
Typical grounds taken by wife in the transfer petitions are below.
Having a child
Travel is unsafe being a lady
Expenses required for travel
Threat to life at Husband’s place
Husband is very influential in his place
Inconvenience to travel long distance
Intern
(Querist) 15 March 2013
@ K Mahesh
thanks for such an elaborated answer
Kiran Kumar
(Expert) 15 March 2013
You may go for Quashing Petition before Delhi HC or may file TP before SC
but prior to moving any such application, please reply to the following queries?
1. What are the exact offences mentioned in FIR?
2. Where the marriage was solemnized?
3. Where the dowry articles, if any, were entrusted?
4. Where the parties resided last?
5. Any allegation of cruelty in Delhi or not?
There is one SC judgment available in this regard, if you are able to provide the answers to the aforesaid queries, I will be able to tell you the precise act to be done.
Intern
(Querist) 17 March 2013
@ kIRAN kUMAR
Sir i have mailed you my FIR.
Waiting for an earnest revert
ajay sethi
(Expert) 17 March 2013
answer the queries raised by kiran kumar .
for lawyers paractising in supreme court search LCI data base for lawyers from LCI in SC
