Transfer of 498a cases in question of jurisdiction
Querist :
Anonymous
(Querist) 26 December 2011
This query is : Resolved
is it possible to transfer a 498A case to other PS in question of jurisdiction?
Sudhir Kumar, Advocate
(Expert) 26 December 2011
In case of lack of jurisdictin let it be quashed why trnasfer.
prabhakar singh
(Expert) 26 December 2011
RIGHTLY SAID GO FOR A QUASH.
Legal Fighter
(Expert) 26 December 2011
now a days even Supreme Court has given adverse judgement on point of jurisdiction in 498A, so u can try getting it quashed but in alternative, you may ask for transfer if the court doesn't agree for quashing.
Nadeem Qureshi
(Expert) 26 December 2011
Yes it can be transfer
Devajyoti Barman
(Expert) 26 December 2011
Yes the court does not quash a case solely on the point of territorial jurisdiction, rather transfer the same to the right location.
Shonee Kapoor
(Expert) 26 December 2011
What are the grounds of transfer.
If the grounds are manifestedly valid, like her father being the SHO, it may well be transferred.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Deepak Nair
(Expert) 27 December 2011
You can apply for transfer, but it can be allowed only on court's discretion. Going for quashing the case for lack of jurisdiction is also a good option, which you can try for.
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