transfer of DVC case along with 498-A case
Vikram Chandra
(Querist) 25 August 2009
This query is : Resolved
Dear Sir/s,
Wife filed a case under 498-A & Domestic Violence Act on the husband and his family members at the place of her parents residence jurisdictional court and on the first appeareance some local people belonging to the bride's side threatned the husband and asking him to come to the terms of the bride for living seperately. Husband inview of life threat wants the above two cases under DVC & 498-A to be transferred to the nearest criminal court. So, can we ask the High Court by filing a transfer petition to seek transfer of DVC along with 498-A case to any other competent court rather than trying the same before the bride's jurisdictional court. If so, under what grounds any judgments regarding the DVC cases can be transferred ? kindly answer.
regards.
Jayashree Hariharan
(Expert) 25 August 2009
You have to file an application for transfer of the cases, citing the reason. It is the discrimination of the Court whether to transfer or not
Vikram Chandra
(Querist) 25 August 2009
Dear Jayashree,
My query is; can DVC also be sought for transfer along with 498-A in a single transfer application.
thanks.
AEJAZ AHMED
(Expert) 25 August 2009
Mr. Vikram,
As per your query :-
" Wife filed a case under 498-A & Domestic Violence Act on the husband and his family members "
So case filed by wife is only one under 498-A & DV Act., and husband have to move only one application before the concerned High Court, for Transfer of this case to any other competent court.
Then what do you mean by ...." can DVC also be sought for transfer along with 498-A in a single transfer application.
" ...????
Vikram Chandra
(Querist) 25 August 2009
Dear Aejaz Sir,
As Wife has filed two cases i.e., one under 498A and another under DVC Act before the same jurisidctional magistriate and they are being numbered seperately and the cases are being posted on different dates as the two cases were filed. That was the reason I asked can single application for transfer is enough.
thanks.
AEJAZ AHMED
(Expert) 25 August 2009
Then you need to file Two Separate Transfer Applications
PALNITKAR V.V.
(Expert) 25 August 2009
Depends much upon the local practice. I have seen that some courts entertain a single application for transfer of several criminal cases from a single court to another single court. But it is advisable to file two separate applications as suggested by Mr. Aejaz.
Vikram Chandra
(Querist) 26 August 2009
Thanks one and all for your valuable advise and time.
