Trasfer of case u/s 408 crp.c
Jeevesh
(Querist) 06 June 2012
This query is : Resolved
A peculiar situation is before me. A, a wife, has filed a 125 CrPC petition against husband B in Family Court at Saket, Delhi. She also filed another petition under dv act before MM Court, saket, delhi claiming relief u/s 18,19,20,22 of the dv act. In the both the petitions the facts constituting the cause of action are "ditto" para wise same. Even the Annexures are ditto same. Can i move a transfer petition to Sessions Court, Saket on behalf of husband for transfer of dv act case to from MM court saket to family court, saket as the Pleadings as well as Annexures/documents in both the cases are same to avoid multiplicity of recording of same evidence. Both the proceedings are between same parties. ALSO THE FAMILY COURT HAS JURISDICTION TO GRANT RELIEF UNDER 18,19,20,22 OF THE dv ACT AS PER SECTION 26 OF DV ACT.
Devajyoti Barman
(Expert) 06 June 2012
Yes you can try for transfer for analogous hearing.
Shonee Kapoor
(Expert) 06 June 2012
Very unfortunately, but Session Court and even High Court has not clubbed the petitions under DV/ CrPC 125 in Delhi.
Reason being CrPC 125 is now running in family court (Civil) whereas DV is running in MM Court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
