Victim Of Law (home) 23 February 2015

Is domestic violence transferable via supreme court

Hi Experts,

My sister filled domestic violence and got a proper DIR for it. Now the A1 appearing and other A2 A3 A4 ( Father Mother and Brother) respectively not appearing for the case. we are fearing they will ask for transfer petition to Pondichery Via Supreme Court through Transfer Petition . Now the case in Tamilnadu..

Is it possible to transfer a DV via supreme court by the respondent. ?

Non Apperance of A2 A3 A4 three times will be exparte or warrant?

Please advise?

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10 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 24 February 2015

Dear, It is possible but the grounds must be strong and convincing ... Kapil Chandna Adv 9899011450

Victim Of Law (home) 24 February 2015

Thanks kapil sir.. Shall we ask for ex part or warrant if third time if A2 A3 A4 not coming for third consecutive hearing..

T. Kalaiselvan, Advocate (Advocate) 26 February 2015

for their non-appearance and non-representation, the R2, 3 and 4 will be set exparte and the relief sought against them, if any, will be ordered accordingly by the court. Don't worry about the transfer, they alone cannot seek transfer, all the four respondents have to apply for transfer together.

Victim Of Law (home) 27 February 2015

All four responded are same family father mother husband and his brother. Moreover after recent hearing they again all four not attended and their lawyer said their parents are patients with diabetes and other knee problem so asking for exemption. Is it possible they will get the exemption.

kilimanjaro (md) 16 March 2015

My case is similar , my wife put dv case on me from another state, case is going on but she has been threatening me over phone to divorce her if not she will put more cases , she has the kids , I asked kids , she saying she won't give kids.

now she used more than 4 people who called me and threatened me to divorce my wife.

my lawyer says this is not enough to convince the judge to transfer the case. .?

Sudhir Kumar, Advocate (Advocate) 18 March 2015

where the case is filed and where it is sought to be transferred.

Victim Of Law (home) 18 March 2015

Now its In kanykumari Majistrate court and they want to transfer to Pondicherry. I am fighting against the transfer.

Sachin Agarwal (Learner in Law) 01 July 2015

yes dv is transferrable.

recently supreme court did it.

Misuse of women oriented laws is rampant. International movement to check it is going on.

call 0888-2-498-498.

visit : www.saveindianfamily.in

All assistance is free.

Sudhir Kumar, Advocate (Advocate) 01 July 2015

given facts do not in any way indicate that in this case the law is being misused.

You have aright to resist transfer petition. If a lady leaves parental house due to domestic violence and in-laws feel happy and make no reasonable efforts to take her back, then it is continued abandonment and fresh casue of DV at Kanyakumari