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latha (office staff)     06 January 2010


Dear All Friends,

My Dv case was runnig for the past one year , but not yet cross for me was over , bcoz MM Judge is on long leave , due to that other side advocate is not at all willing to proceed that case to the incharge of that court. on last hearing my advocate bring both of us to incharge magistrate & he scold my husband for not proceeding the case speedily & moreover his advopcate didnt present lots of the hearings , so that MM ask husband to appiont some other advocate (only he ask to do that if his advocate didint appear on the next date) & also bring his mom(my MIL)

Yesterday we had hearing in dv case , but instead of cross exam other side councel inform to the MM judge that he had filed a petition in sessions court for transfer of that DV case to some other court so after seeing that reply in that sessions court he shall continue this case , he also told to the Judge that he  have also prepared questions for cross. next week this month we had hearing in that sessions court.
So this magistrate gave month end date of this month as hearing after seeing that reply in sessions court , but my councel said that wherever they transfer the case we are always ready for the trail ,so my doubt is,
1)      whether the other side councel has any option for his preferred judge to take the case?
2)      Whether they ask for their nearby court?is that possible , bcoz atpresent case is going on my nearby place.
3)      How long (month/days)this will go even if we said NO OBJECTION FOR TRANSFER of some other  court?
4)      Whether the sessions court give some specific date & ask that councel to finish off the case with in that period? Or we have to ask/request?
5)      Whether this will also run as a separate case like counter reply , arguments , proof like?
6)      Last time the magistrate scold my hubby , that’s y now they are doing like this.

7)      Now only it (case) has taken up(their petition) , so we didn’t receive that copy – we dont know for what reason they are now asking for transfer.
9)      If that reason is not valid means sessions court wont give transfer means & if they wont get transfer in their favour means will they have any option for appeal on this transfer?
10)  If this case transferred to family court means is it in any way affect me(my DV case)?like for appeal/revision?
11)  Is there any provision for them to transfer the dv case from MM court & tie that case with in family court with their Divorce case or mine sec 24 of maintenance case?
12) till the disposal of the transfer petition in sessions court , the case wont be further proceed in MM court?


 5 Replies

R.R. KRISHNAA (Legal Manager)     06 January 2010

An application for transfer of case is governed by the reason that judge has acted in a bias manner or any other serious allegations against a judge.  Any other reason is not valid for transfer.  You first look into the reason shown by your husband.  If any other reason is shown by your husband other than the permissble reason, you can contest the transfer petition.  Otherwise you can simply give no objection.  If you give no objection your case will immediately be transferred to some other new court and you can contest the same in a new court.  I suggest you to ask the sessions court to fix a time frame (6 months or 3 months) to complete the divorce case in case you give no objection and the case is transferred to a new court.  This is enough. Good luck.

latha (office staff)     06 January 2010


thanks for your reply , but iam asking for Domestic violence case Transfer.

why transfer of DV case to some other court is not posiible Sir?bcoz present judge is on long leave/training.only Incharge Judge has scold my husband.

myb husband filed for divorce & i filed DV & also sec24 of HMA in Dviorce case of my husband.plz clarify me question wise.

Plz read dv as Domestice Violence.

sir, i have no need to finish off the divorce case immediately bcoz i want to resuume my marital life.

R.R. KRISHNAA (Legal Manager)     06 January 2010

My earlier reply was based on divorce (as I misunderstood).  The reply also applies to matters of domestic violence. So I suggest you to give no objection and ask for a time frame before the court. Transfer of case will not affect you.  Rather it help you to finish the domestic violence case earlier.  Domestic violence case cannot be tried along with divorce case in family court.  Only another MM court will hear your domestic violence case.  Yes till the disposal of the transfer petition the MM court will not hear your domestic violence case.  As already said if the reason for transfer is correct as per law, transfer will be granted otherwise it will be refused.

latha (office staff)     07 January 2010

Thanks a lot

latha (office staff)     07 January 2010

thanks a lot sir.

need some others replies also.


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