Nit (Btech) 28 March 2025

In which section of bnss allow high court to transfer maintenance case from magistrate to family cou

My wife filed maintenance under section of 144 bnss act in front of the Magistrate Court. I filed RCR case under section 9 of Hindu marriage act 1955.

My wife field transfer petition for RCR case and it is transferred to the Family Court Judge..

Both Rcr and MC cases are at beging stages. In both cases are at the stage of filing counters.

Now, I'm thinking to transfer the maintenance case from Magistrate court to family court with in same court's jurisdiction...

So, My question is.. In which section of bnss allow high court to transfer maintenance case from magistrate court to family court with in same court's jurisdiction??

Please mention any previous cases for reference.. Thanks in advance

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T. Kalaiselvan, Advocate (Advocate) 28 March 2025

Section 407 of cr.pc. grants the High Court the power to transfer cases and appeals from a subordinate criminal court to another court of equal or superior jurisdiction, or to itself, under certain circumstances.

Section 408 in the BNSS, which replaces the CrPC, deals with the same subject matter, allowing the High Court to transfer cases and appeals.

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