• Transfer of DV act case

I live in Jamshedpur. My wife has filed  498a against me and my father and mother at Jamshedpur.  Now she has filed a case under Domestic Violence Act at Raipur where she is presently residing on me, my father and mother and a younger brother who lives in Mumbai since 1997. I am into service and frequently taking leave would hamper my job also. Can I approach Supreme Court to get this case transferred from Raipur to Jamshedpur as my wife is already fighting a case in Jamshedpur so she can fight this case here too. Further my father is a heart patient as well as old age.. All the witnesses are in Jamshedpur and I am ready to pay her travelling expenses with escort from Raipur to Jamshedpur.. Please suggest
Asked 1 year ago in Family Law from Jamshedpur, Jharkhand
Religion: Hindu

1)your personal presence is not necessary in DV case

2) you can engage a lawyer to appear on your behalf

3) you can if you so desire apply to SC for transfer of case from Raipur to Jamshedpur

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Hello,

yes you may file a transfer case in the SC under section 25 of the CPC, bear in mind that the same will be contested by your wife when the notice will be served upon her.

Usually SC passes judgment in favor of the wife but since aged parents are involved the SC might entertain the petition.

Also, you may challenge the case in the HC and get the name of your brother and parents removed, you might also take this chance before moving to the SC.

Let me know if I can be of some help.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

yes you can definitely file for transfer of case in supreme court by way of transfer petition. put all the clauses in the petition. as per the facts the case should be transferred by the supreme court

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

Yes, your reasons are valid.

You can approach the SC with convincing reasons to transfer the matter.

Filing in different locations is an intention to harass you and your parents.

HC and SC are always liberal in offering relief in such matters.

Therefore, don't hesitate to approach SC.

Rajaganapathy Ganesan
Advocate, Chennai
1518 Answers
8 Consultations

4.9 on 5.0

File a petition at Raipur court seeking transfer of the case to Court in Jamshedpur mentioning all the facts and medical grounds as mentioned by you herein with authenticated documentary proofs for your claim.

Transferring the case is discretionary power of the court.

Rajashekar
Advocate, Bengaluru
569 Answers
4 Consultations

4.8 on 5.0

Dear Client,

Instead of filling for transfer of case, try for settlement and withdrawal of cases.

On the ground that wife is already fighting a case in Jamshedpur, what if court transfer the case to Raipur.

Interstate transfer of cases.

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. 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.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Yes you can file transfer petition before the supreme court of law under section 25 of CPC. Supreme Court of India has original Jurisdiction to transfer a civil case relating to Matrimonial Dispute, based on facts of the case, & circumstances of parties, and if such transfer is expedient for ends of Justice. Usually Divorce cases, and cases related to custody of children, & case of Civil Nature can be transferred by Supreme Court, when Transfer Petition is filed under Section 25 of Civil Procedure Code. Matrimonial Disputes may also involve cases, which are generally in nature of "Criminal Cases" like Maintenance Application under section 125 Cr.PC or a Application under Domestic Violence Act, which may be sought to be transferred by filing Transfer Petition/Application before Hon'ble Supreme Court of India, under section 406 Cr.PC or by filing Special Leave Petition (SLP) under Article 136 of Constitution of India

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

File a petition at Raipur court seeking transfer of the case to Court in Jamshedpur mentioning all the facts and medical grounds as mentioned by you herein with authenticated documentary proofs for your claim.

Transferring the case is discretionary power of the court.

Rajashekar
Advocate, Bengaluru
569 Answers
4 Consultations

4.8 on 5.0

Respected sir ...

You need not to approach to supreme court it will be done with the order of high court ...Just file a petition seeking transfer of case and also mentioned in your petition that you are ready to pay all the transportation allowance and other expenses to her ...Then Court will itself order to transfer the case ...

Thank you..

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

hi , yes you can approach supreme court and file for transfer petition on the above mentioned grounds..

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

Sorry may be you receive some suggestion on different query due to problems in website.

Now come to your problems:

The first question is that what types of trial is going in Jamshedpur, whether Section 9 or Divorce case filed by you?

It is very tough job to transfer a case from the jurisdiction of lady to boy city as per law as the court will prefer lady jurisdiction , but you may try on the different grounds like parents age etc.

You may get permanent exemption from the court of your parent on the ground of his old age.

All the witnesses are in Jamshedpur , this ground will eliminate the chances for getting the transfer relief as they are your witness.

Firstly, you should moved one application for your problems after narrating all facts to the court , where the trial is going on. You will get some relief from the said court as well.

Good Luck and dont forget to Rating

Mohammed Shahzad
Advocate, Delhi
511 Answers
18 Consultations

5.0 on 5.0

Under the described situation, you may take your chance and prefer a transfer application in the Supreme Court to get this transferred from Raipur to Jamshedpur.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

No, issue you can file a petition in Supreme Court and get it transferred which is convenient to both of you.

Kishan Dutt Kalaskar
Advocate, Bangalore
4438 Answers
112 Consultations

5.0 on 5.0

You can approach The Hon'ble Supreme court and seek transfer of the concerned case to Jamshedpur .

It is indispensable to state in your petition the hardships that are accruing to you and your family in contesting the case in Raipur .

R Aditya
Advocate, Delhi
68 Answers
2 Consultations

5.0 on 5.0

Hi, you can definitely file the transfer petition in supreme court and the same is likely to succeed.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

You can move to supreme court for the said transfer but you can also file permanent exemption application in your matter showing your inability to attend the matter in person. Your advocate will represent you in the appropriate proceedings at different courts.

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

1. Under DV Act the wife can file the case wherever she resides irrespective of where she may have resided before or where the acts of domestic violence were committed. Since it is a beneficial legislation to provide protection to women who are subjected to acts of domestic violence the case cannot and will not be transferred.

2. Why do you even have to go to Raipur to personally appear on every date of hearing? In DV case the appearance of the lawyer alone is sufficient whereas the party does not have to appear personally except for evidence.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

There is lots of judgement relating to the jurisdiction and where the domestic relation was established the originaly jurisdiction will there

Nisha
Advocate, New Delhi
6 Answers

4.0 on 5.0

You can file an application before the court therefore if dismissed then u can file revision or appeal before session with those relevent judgement.. Then u get transfered the same

Nisha
Advocate, New Delhi
6 Answers

4.0 on 5.0

You can file a transfer petition before supreme court on the basis of facts and prevailing circumstances at your end.

Let the supreme court decide accepting your lawyer's convincing arguments and opponent's resistance

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

1) no exparte reliefs can be granted unless you are served with summons

2) if you are not staying with your parents you have to be served st your residential address

3) wife can file application for transfer of 498A case to Raipur

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Your parrents can also file that application... If u have not rcvd then if the court satisfied that u intentionally not rcvd notice then u will be declared ex-parte very soon.

Nisha
Advocate, New Delhi
6 Answers

4.0 on 5.0

Go and appear on date with counsel

Nisha
Advocate, New Delhi
6 Answers

4.0 on 5.0

Hello,

You must appear before the court on 24th otherwise again the lawyer will ask for proceeding ex parte.

Also, it is difficult that a case of 498A will be transferred, transfers hapens rarely in criminal matters.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

You may have to appear through a Lawyer before the Honourable Court.

in your case the opposite party can also plead for transfer the case as you have predicted but you able to convince the Court about the hardship of your parents to appear before the court in Raipur.

Rajashekar
Advocate, Bengaluru
569 Answers
4 Consultations

4.8 on 5.0

Seek your appearance on the next date in Court where the DV Act case is pending. And you should approach Supreme Court for Transfer of your case to Jamshedpur. Opposite party will oppose the same but its upto you to frame your case in favourable way. Moreover she is already contesting a case in Jamshedpur so there won't be much problem in transferring case to Jamshedpur.

Anupam Kirti
Advocate, New Delhi
87 Answers
1 Consultation

4.9 on 5.0

If you have denied the receipt of notice it will be treated as served. Court will not proceed till the notice is served to you in DV case. If you or your family members have refused to receive notice it will also be treated as served to you. Pls verify the same.

Yes opponent can pray in Hon'ble Supreme court about the transfer of 498A to Raipur but Hon'ble Supreme court will decide the same in interest of justice. But in your case lower court will accept your application for Permanent exemption on ground of long distance of your residence and inter-state case and continue your proceedings in your absence and in presence of your advocate.

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

U have to appear before court,

Informing the parents is sufficient compliance of notices.

On counter defense she can request to transfer in her city.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Generally the transfer of 498a criminal case cannot be transferred until there is a specific reason which is justifiable and valid in law.

If you have refused to receive the summons then you will certainly be set exparte, hence better you attend the case next hearing.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

1. 498A has been filed by her, so she cannot seek the transfer of it unless she can demonstrate that she is not getting a free and fair trial in the original court.

2. Engage your lawyer to defend DV case in the court on the next date lest that she gets an ex parte order.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Hi, it is my opinion that once you come to know about the proceeding of the case, appear before the court and contest the case strongly and get that dismissed in due course of time. Send the vakalatnama for 24 Jan 2018 and appear through your advocate. Apply for transfer of case in supreme court. citing all the reasons in your favour.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

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