Transfer of dv case

vaibhav (Querist) 01 February 2016 This query is : Resolved
Dear Expert,

Can DV case filed against husband and his family by wife at her native place ,be transferred to husbands jurisdiction on grounds of threat to life of husband by wife and her family members .

if yes--- chances ?

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rajagopal.s (Expert) 01 February 2016
Hi
If the DV case is filed in your wife's place, which does not happen to be the place where you and your wife lived after marriage, then you can file for transfer of case from your wife's native place, to the place where they lived after marriage.

Rajendra K Goyal (Expert) 01 February 2016
Generally not transferred. If you have enough proofs of threat to life you should proceed otherwise.

vaibhav (Querist) 01 February 2016
Sir,

i have video clip of my mother in-law assulting me during argument . is this enough

V R SHROFF (Expert) 01 February 2016
SECTION 27 OF PW DV ACT CONFERS JURISDICTION TO MAGISTRATE WITHIN WHOSE LOCAL LIMIT WIFE RESIDE, AT THE TIME OF FILING THIS APPLICATION. [ FIRST PRIORITY]

CAUSE OF ACTION AROUSED IS 3RD IN PRIORITY.
SO NO CHANCE OF TRF

Devajyoti Barman (Expert) 02 February 2016
If the districts are different then apply in high court, else in district court or in supreme court for transfer.
Mere threat on life is no ground for transfer unless you have cogent proof of the same.

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