LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nit (Btech)     24 April 2025

A 498-a case will be transfer from magistrate court to family court?

Presently, In family court RCR case (Section 9 of HMA 1955), IA appilication for visiting rights and maintiance case all these three case are in the family court.

So, can husband file transfer petition for 498-A case from magistrate court to family court? If possible Please tell me under which section it is possible?



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 April 2025

The criminal case under 498a IPC cannot be transferred to family court, it is a state prosecuted court to be conducted by the judicial magistrate court only.

R.K Nanda (Advocate)     24 April 2025

No, husband can't file transfer petition to transfer 498A to family court as 498A is criminal offense triable only in magistrate court. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register