1) syou have filed case against husband in hyderabad

2) you are working in Hyderabad

3) no grounds for transfer of case to your native place

4) you can move HC for expediting hearing and final disposal of your case

Section 408 of CRPC is captioned as Power of Sessions Judge to transfer cases and appeals. It is not a power on the Court of Session. It is a power conferred on the Sessions Judge presiding over the Court of Session. Section 408 provides that the power of transfer of a criminal case from one criminal court to another criminal court in the sessions division is to be exercised only if it is expedient for the ends of justice. It does not require an elaborate discussion to hold that it is a judicial exercise of power. The power under Section 408 can be exercised in three modes;

(1) on the application of an interested party,

(2) suo motu,

(3) on the report of the lower court.

Section 408 is to be exercised only if it is expedient for the ends of justice and not for any other reason. In Maneka Sanjay Gandhi v. Rani Jethmalani, (1979) 4 SCC 167, case Supreme Court says that ,

Assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for the court to consider when a motion for transfer is made is not the hypersensitivity or relative convenience of a party or easy availability of legal services or like mini-grievances. Something more substantial, more compelling, more imperiling, from the point of view of public justice and its attendant environment, is necessitous if the Court is to exercise its power of transfer. This is the cardinal principle although the circumstances may be myriad and vary from case to case. We have to test the petitioner’s grounds on this touchstone bearing in mind the rule that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried. Even so, the process of justice should not harass the parties and from that angle the court may weigh the circumstances

It is true that in cases of dissolution of marriage, restitution of conjugal rights or maintenance, this Court shows much indulgence to the wife and ordinarily transfers the case to a place where it would be more convenient for the wife to prosecute the proceedings. But a criminal case is on a somewhat different footing. The accused may not be able to attend the court proceedings at Indore for many reasons, one of which may be financial constraints, but the consequences of non-appearance of the accused before the Indore Court would be quite drastic. In a criminal proceeding, the right of the accused to a fair trial and a proper opportunity to defend himself cannot be ignored for the convenience of the complainant simply because she happens to be the estranged wife.

in the case of Jyoti Mishra v. Dhananjaya Mishra, (2010) 8 SCC 803, being a criminal case arising out of a matrimonial dispute, the Supreme Court refused to accept the prayer of a wife to transfer the criminal case filed by her against her husband and other family members, on the sole ground that she had now shifted from her matrimonial home (the place where she had instituted the case) to her parental home (the place where the wife now wanted the case to be transferred) and that it would be more convenient for her to prosecute the matter from where she was now residing.

So only 50: 50 Chances .If you have succeed to prove the conveniences to all then a transfer will happens.

That the regular judge is not available is no legal ground to transfer the case. What you can do though is to move the High Court through a writ petition to seek expeditious disposal of the case. The HC can issue appropriate directions in this regard.

Dear Querist

The criminal case will be continue in the court in whose jurisdiction the cause of action was arose or offence was committed but you may try to get transfer the case, if in the same state then file a transfer petition before Hon'ble High Court and argue the matter and informed the situation, the High Court have power to transfer the case.

Feel Free to Call

Since you have lodged a criminal complaint against your husband and his relatives under sections 498a, 3 and 4 of DP act, at this police station, you cannot seek for transfer of the same that too on the grounds you have mentioned here.

The criminal cases are not transferable, moreover you are just a defacto complaisant in it.