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help.me.with.divorce (manager)     27 November 2011

Where court allowed transfer from one state to another state

where court allowed transfer from one state to another state

 

1. Please post some 498a proceedings where court allowed transfer of case from one state to another, in favour of husband?

 

2. Why would some court deny transfer AND what they see in a petetion that they allow the case to be transfered from one state to another?

 

3. Is any lawyer expert in transfer of cases, who knows the ins and outs of such things.?



 5 Replies

Legal Fighter (Advocate)     27 November 2011

only if the court presently trying the matter doesn't have territorial jurisdiction over the matter. transfer from one state to other can only be done by Supreme Court.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     27 November 2011

Dear Querist,

 

Transfer of a case particularly in a matrimonial disputes would largely be guided by the convenience / inconvenience of the parties. Secondly, in ordinary circumstances, in a criminal case, such requested transfer is not routinely entertained by the Supreme Court. Statistics of previous such transfer sought by the husband/Case laws may not help because of more than one reasons. Correct opinion can only be given after persuing documents and understanding the facts. It may also be noted that allowing transfer is totally a discretionary jurisdiction of the Hon'ble  Supreme Court and it would largely depend on the facts and circumstances than case laws alone.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

Dr J C Vashista (Lawyer)     27 November 2011

Transfer of cases from jurisdiction of one High Court (and not state) to another by Supreme Court depends upon number of factors as explicitly explianed by Mr. Robin, AOR., which I do appreciate and agree in principle.

Precedents will be of no or little use to litigants. Finding a lawyer in this club will be your own discretion.


(Guest)

 

1. Please post some 498a proceedings where court allowed transfer of case from one state to another, in favour of husband?

 

 

Generally the wife files a 498A in the city/town where her matrimonial home is and then gets it transferred to her hometown. Generally it depends on various factors. The trial has to be "Ordinarily" carried out in the place where the cause of action happens. 

 

 

Peruse the complaint, the PW statements and where the acts of alleged offences have been committed. Even if one of the alleged offences have been committed in the place where you want the case to be transferred, then the court in that place will have the jurisdiction to try the case there.

 

 

There are various factors also - Like if you can prove that your life is at risk in the place of your wife then the case may be transferred.

 

 

Judges sometimes/manytimes make mistakes, they do not follow proper procedure. You can claim that the the trial is not going on as per law, becasue the other party is influencing the court or he court is not being fare to you - this can be one ground.

 

 

If most of the alleged offences have been committed in the place, where she recides, then there are less chances that the case may be transferred.

 

Gautam

Arjun   24 January 2016

My wife filed 7 cases on us at her native in Maharashtra. I stay at Bangalore with aged & ill parents. She stayed for 3 months after marriage. Her allegations are vague, false n at claimed to be took place at Bangalore. Now we have to go to her native everytime n its difficult for my parents n me too take so many leaves. Can I transfer the cases to Bangalore or it'll be wastage of time n money to try?

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