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s (Business)     05 September 2011

Approaching sc to transfer the case from the girl's city

I am writing to ask if anyone knows of caselaws where the 498a (which in the first place was registered without jurisdiction by local Police) was transferred from the city where the 498a wife resides to some neutral place?

The 498a wife has sent an email (threatening and extortion) and the court in the husband's city has taken cognisance of this. So there is intimidation.

If one were to attach RTI responses to prove that the police/judiciary in the girl's city are not acting as per law - then would it make for a strong case.

Anything else that needs to be done to make the case stronger?

What is the possibility of getting the SC to agree on the Transfer Petition?





 4 Replies

Neeraj1981 (se)     05 September 2011


The jurisdiction will be the place where the alleged crime has taken place. If you wife has mentioned in FIR that the place of crime is where she is currently residing (i am assuming its her parents house), then it will be the place of jurisdiction. Here is an excerpt from honourable SC judgement:

Section 177 : ORDINARY PLACE OF INQUIRY AND TRIAL: Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed."

Sections 177 to 186 deal with venue and place of trial. Section 177 reiterates the well-established common law rule referred to in Halsbury's Laws of England (Vol. IX para 83) that the proper and ordinary venue for the trial of a crime is the area of jurisdiction in which, on the evidence, the facts occur and which alleged to constitute the crime. There are several exceptions to this general rule and some of them are indicated in Section 178 of the Code which read as follows:


(a) When it is uncertain in which of several local areas an offence was committed, or

(b) where an offence is committed partly in one local area and partly in another, or

(c) where an offence is continuing one, and continues to be committed in more local areas than one, or

(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas."

You can also check the following judgements:

delhi-hc-Niraj Trivedi Vs. State of bihar_Jan 2008


delhi-hc-Bimla Rawal Vs. State-jurisdiction-Jan-2008



Secondly, your wife wriring a threatening email to you will weaken your wife's case .

s (Business)     07 September 2011

Thanks Neeraj. I wish to flie for a Civil Transfer Petition in SC to move the case from her parents' city  to my place on three grounds and need case laws to support my argument

1) Criminal Intimidation received from the girl's side (have an email as proof)

2) The police officials in the girl's city are corrupt (RTI responses indicate this)

3) The evidence collected and submitted alongwith the chargesheet, does not reflect that the crime actually took place in her parents' city. In the FIR it is alleged that some crime did take place in the girl's city - but there is no evidence for that.




galsober@yahoo.co.in (def)     09 September 2011

Originally posted by :s
Thanks Neeraj. I wish to flie for a Civil Transfer Petition in SC to move the case from her parents' city  to my place on three grounds and need case laws to support my argument

I think u err here, It wil be a CRIMINAL TRANSFER PETITION & NOT CIVIL IN CASE OF 498A

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     20 October 2011

Dear Querist,


Transfer involving section 498A IPC relates to filing of TP (Crl.) in SC. You may do so immediately the trial reaches at a stage where no transfer is permissible. Decide and quickly revert, if not already taken steps through a lawyer of your choice.


Trust this would suffice.


Rabin Majumder


Supreme Court of India

New Delhi

Email: nudelhilawfora@gmail.com

(M) 9013307807, 9899259811

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