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fighter (executive)     19 August 2014

Please help me in Transfer of case

is it possible ?

case study :

1. 498a is going on in Court No- 5 of  "ABC" Lower Court

2. 125 is going on in Court No- 3 of  same "ABC" Lower Court


is it possible to apply for transferring  any one case ( either 498a @ Court No- 5 OR 125 @ Court No- 3) to other court, so that both cases can run in same court on same date. it can ensure saving of both time and money 


 13 Replies

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000)     20 August 2014

Yes, it is possible to club both of the case in one court. One can apply to the Ld CJM or Ld. District Judge for transfer of one case and clubbing the both of the case.

gurcharan (computer operator)     20 August 2014

Hello sir this can be done by the Girl who filed the case or It can be done by the boy who is the respondent

2) can boy rechance it girl has done this system on the same date.

fighter (executive)     20 August 2014

Rajiv Raj Sir

please guide me with a sample draft so that i can proceed for that.

my advocate is denying for that.

Please share the process so that i can convince my lawyer to follow that.

like me many people are facing similar like situation. It will be a great help for us in terms of Time, money, and Physical & mental energy.

Sudhir Kumar, Advocate (Advocate)     20 August 2014

this forum does  not supplu drafts. 


draft can be well made only by the person who has seen all the records.

fighter (executive)     20 August 2014

Respected Sudhir Sir

thanks for reply.

Actually my primary query was regarding court procedure/ rule, if there is a  possibility of transferring either case to Court No. of another case (clubbing  both of the case in one court of Lower court, like patiyala house court may have number of court rooms ).

Draft is absolutely secondary issue.\\\

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 August 2014

If both the presiding officers are of same rank; it is possible to club the cases.


However, in most states now 125 is run in family court whereas 498a is run in JM1C or MM court.




Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

fighter (executive)     21 August 2014

Shonee Sir

During 125 case what i observed during my presence inside that court room that many 498A cases are also running there.

both presiding officers are Judicial Magistrate.

unfortunately my 498A case still not moved forward as compared to 125, though 125 was filled 4 months after 498A. in 498A still hazira is going on for last 8 months. 125 is in evidence stage and said magistrate is giving quicker dates. So my intention is to transfer the 498A case to the 125 court room.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

In such case; you can try.



Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

fighter (executive)     21 August 2014

Shonee Sir

1. Thanks for reply.

2.  My advocate is of very short tempered & arrogant type. he said it is not possible. i am not a legal expert  to challenge his idea. As because you are also from same profession, please guide me with some legal point of view -- how to make my advocate understand such fact....


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

There is no legal point; it is just a matter of ease to the parties. 



Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Ashok, Advocate (Lawyer at Delhi)     23 August 2014

Please remember that Section 125 Cr.P.C. is for maintenance, therefore, usually it may be expedited in view of urgency of providing maintenance to the wife. On the other hand, Section 498A IPC case is for the alleged offence, and if the accused is on bail (which is generally the case) then the trial will generally be conduced in due course in its turn.


Moreover, the witnesses in both cases may or may not be the same. Further, even if the witnesses are the same, their evidence would be on different issues and will have to be recorded separately. However, you can still try to get these 2 cases heard by the same Magistrate.


Your main ground for hearing of these 2 cases by the same Magistrate can be the ground of convenience to both parties since otherwise both parties have to attend the cases on different dates. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     25 August 2014

there are chances that 498a case to be transferred to the court where the maintenance case trial is going on.  You can very well change your lawyer and engage another lawyer, apply for transfer of the case from one court to another for the reasons cited thereon.  As rightly observed, it is for the convenience however, clubbing of cases together depends because both are of different nature

1 Like

498A-filed (Advisor)     30 August 2014

Change your lawyer. It can be done as a routine in your kind of case. Any competent lawyer will have no difficulty in getting the cases clubbed. However it will reduce their fees and so they may be reluctant but there may be other reasons also. 

Engage an experienced lawyer with good reputation. You can visit the court premises yourself and hear few lawyers arguments. You can also ask the shopkeepers in the vicinity of court to give names of good & reputed senior lawyer for a particular kind of case. If one name comes again and again, you will get the right lawyer. 

1 Like

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