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Rahul T (Engineer)     13 February 2013

How to transfar 125 crpc between two different state…





    My wife has filles 125 CRPC Case Against me (No other case has been filed before or after 125 CRPC).  Now its become a Big Deficulty for me to travel to her Native & fight/attend 125 CRPC.

So My question is, Can I approach higher Court to transfar this case to my Native State… if yes what is the procedure…

With Best Regards...



 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 February 2013

Don't even try, if the girl is staying where the case is filed, your appplication shall fail.

MohammedRaffiq Bijapur (Advocate)     13 February 2013


Expert has rightly advised u. Eventhen u want to try u have file transfer petition before Supreme Court u/sec 406 of Cr P C.

Chetan Joshi (Advisory/Advocacy)     13 February 2013

The application should not hold any good in the light of her convinience....





MRRpersonality (Knows very little about Indian laws)     14 February 2013

The transfer petition has to be filed in Supreme Court.  You will need to establish your grounds as to why your place is a better forum for the court trial.  There are many factors that go against you.


1. CRPC 125 is filed to safeguard the person who is not able to maintain oneself.  When your wife is not able to maintain herself, how will she be able to travel to your state and attend the case ?


2. She being a woman may have other difficulties travelling long distances, or she may not have anyone to accompany her to travel with her.


3.  She may have a child with her whose custody and care is taken care of by her.


4. Some women also use medical grounds with false certificates to reject transfer petitions.


So, you have to actively search for your own grounds why the petition has to be transferred to your state.  I can think of a few, but it's you to do the homework.


1.  A private or hard job that does not allow sufficient leave.  Unemployment or any other financial reasons.

2. Have sufficient documented proof to deny her crpc 125, so as to show that she has means to travel and if she is highly educated and working then she should not have difficulty in travelling.


3.  A child is with you to care for.  A guardianship/custody petition filed by you in your local jurisdiction.


4.  Too many witnesses in your town that will assist in a fair trial of the case and hence it may be too inconvenient for the many witnesses to travel to another state.


5.  You may be willing to pay for her travel and lodging.


Do some homework and prepare grounds for both the sides.  If you have some grounds that are highly favorable, you may give it a shot.


As experts above have advised,  most cases from the husband's place get transferred to the woman's place of residence.  In your case you are asking to transfer cases from the wife's place to husband's, which is a very hard play. BTW,  I am fighting in SC the transfer cases myself.  

Rahul T (Engineer)     14 February 2013

Thank you all for all your kind & genuine advice…I am sure all those will help me very much for handing this case… Thank you once again…

With Best Regards


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