Nit (Learning Law) 24 April 2025

A 498-a case will be transfer from magistrate court to family court?

Presently, In family court RCR case (Section 9 of HMA 1955), IA appilication for visiting rights and maintiance case all these three case are in the family court.

So, can husband file transfer petition for 498-A case from magistrate court to family court? If possible Please tell me under which section it is possible?

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Quick Summary

This discussion addresses whether a criminal case filed under Section 498a of the Indian Penal Code can be transferred from a magistrate court to a family court. The consensus is that this is not possible, as 498a cases are criminal offences exclusively triable by a judicial magistrate court and cannot be moved to a family court.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 24 April 2025

The criminal case under 498a IPC cannot be transferred to family court, it is a state prosecuted court to be conducted by the judicial magistrate court only.