tranfering the 498a case
Querist :
Anonymous
(Querist) 10 March 2010
This query is : Resolved
Dear Sir/Madam,
Greetings of the day,
I have filed a case under IPC 498A, against my husband in ahmedabad. now i m stay with my parents (due to their ill health) in another city of gujarat.
i would like to know if i would be able to transfer my case to my parent's city from ahmedabad?
If yes, i would like to know how? and what could be approx. time duration for the same?
thanking you,
Adv ramesh chheda
(Expert) 10 March 2010
yes u can do by filing petition in hcourt of gujarat.
it can take about 3 to 4 mnths
if u need any more information u may write to me on this email address or call me on 9870112826 ramesh chheda
Guest
(Expert) 10 March 2010
no application shall lie to the High Court for transferring a
case from one Criminal Court to another Criminal Court in the same sessions
division, unless an application for such transfer has been made to the Sessions
Judge and rejected by him.
you ve not cleared that there are same sessions division or differnt... if you seek transfer the case from a sessions division to different sessions division then no doubt the transfer petition lies in High Court.
Parveen Kr. Aggarwal
(Expert) 10 March 2010
Whether a case can be tranferred to a court where no cause of action has arisen?
Raj Kumar Makkad
(Expert) 10 March 2010
No. Such case cannot be transferred because FIR has been lodged in the police station wherein cause of action arisen till the date of filing such FIR and even investigation would have been completed and charge-seeht would have been filed in the court wherein such PS falls and now just to facilitate the complainant, such criminal case cannot be transferred. If it is a State case then the complainant (wife) is not required to attend day to day hearing and she is expected to come only on the day of her evidence so there is no scope of such transfer.
This is no Gujarat Riots case which was got transferred by Apex Court even in Maharashtra from Gujarat.
Arvind Singh Chauhan
(Expert) 10 March 2010
I agree with Raj Sir, unless there is a strong reason it is not possible to transfer.
Tarun Kalra LL.M, M.B.A
(Expert) 11 March 2010
in a state case, the case cant be transfered only for the help of complainant
