Ashish 05 December 2017

Case Trasfer within same city

I am residing in Kota. My wife is staying at her parents home in faridabad from May 2015. This year in April 2017, she has filed a petition under section 125 at Family court faridabad. Now, she has filled an appeal in High Court Chandigarh for transfer of case to another court in same city. Will it be that much easy for her to get the case transferred to another court in the same city where she is residing right now at faridabad. My wife is also not allowing me to meet my children since 2015 May. What should I do and where ??

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Vijay Raj Mahajan (Advocate) 05 December 2017

In District Court, Faridabad there is only one Family Court and all matters under section 125 Cr.P.C are filed and decided in that court only, how your wife filed transfer petition in the Punjab & Haryana High Court Chandigarh for transfer the case from the Family Court, Faridabad to another court in the same city, such petition ought to be dismissed as the High Court has no other option of sending the present case from Family Court Faridabad to another court in the same city, such transfer petition are frivolous and not maintainable at all.