Transfter of CAW Case from delhi to UP

Dear Querist,

CAW (Delhi region) cell proceedings initiated by your wife agsint you can not be transferred to UP jurisdiction without filing for petition/application for transfer since it involves two different States.

Ordinarily criminal proceedings are not transferred but in some cogent grounds, that may happen so.

I am of the view that you do not need to stall intended transfer, if any, by your wife. Let her move so. If need be, take help of Section 19 of Hindu Marriage Act and Part I of CPC.

Trust this would suffice.

Rabin Majumder

New Delhi

She can open a fresh FIR in UP instead of transferring the case. In UP the procedures are not so transparent and FIR will be registered directly even without you getting to know about it so keep a check on her next steps else you may lend in trouble.

Thanks all for your quick response and valueble advice.

Is there anyways I can appeal to get the same transfered to Delhi jurisdiction and if the councelling session has already passed by can the same be transfered to court for further proceedings.

1. I strongly object here in LCI to totally wrong advise given by Ld. Robin Majumdar of Supreme Court stature and on top running a Law Firm!
Reasoning: The purpose and jurisdiction of Crime against Women Cell is very-very limited. Basic purpose of the Crime against Women Cell (CAW Cell) is to provide a platform where the husband and wife can talk and sort out their family disputes and differences in-front of the Police Officer. Proceedings before Crime against Women Cell (CAW Cell) are reconciliatory and voluntary up to the stage of pre-registration of F.I.R. Crime against Women Cell (CAW Cell) is meant to save the marriage. Crime against Women Cell (CAW Cell) have no judicial or quasi-judicial powers. Crime against Women Cell (CAW Cell) even lacks any power to take any kind of coercive action against either the husband or his parents and other relatives. Crime against Women Cell (CAW Cell) has no power to investigate the crime complained. Crime against Women Cell (CAW Cell) does not have powers to even secure the presence of the accused husband or his parents or his relatives named in the complaint of wife by use of any coercive powers of sending summons etc. At the most the Crime against Women Cell (CAW Cell) can only send request letters to the accused to appear before it for conciliation purposes. F.I.R. is only lodged if the conciliatory efforts fail. However, Crime against Women Cell (CAW Cell) can take up the investigation if the case is referred to it after registration of F.I.R.


Now few Que. to Ld. Robin Majumdar:

1. How under various crl. Indian Family Law S. 19 HMA and Part I of CPC comes into play for a CAW Cell complaint later on ???????????????????????????????????

2. Does transfer of Crl. Complaints ever done under HMA and or under CPC ?????????????????

3. Has a complaint before CAW Cell in briefs of author turned into FIR ????????????????

4. Can a FIR be transferred from one state to another state under S. 19 HMA and or under Chapter I CPC whose help to take later on you are advising to author ?????????????


My humble request to Ld. Robin Majmumdar not to misguide authors specially if you are really practicing before Hon’ble APEX COURT.

Dear Sirs,

I humbly acknowledge various advices by the Ld. members and I accordingly update myself with respect.

By my previous advice in this thread, I had only intended that apprehended transfer of CAW (Delhi region) cell proceedings can be transferred to other State's jurisdiction only by an appropriate petition/application for transfer since it involves two different States. Secodnly, I opined that ordinarily criminal proceedings are not transferred but in some cogent grounds, that may happen so.

I did not intend to advice which would be prejudicial to the Querist. I have only meant by my previous advice that for the purpose of intended transfer, by wife's side, laws as it comes out from Section 19 of Hindu Marriage Act and Part I of CPC would be taken as guidance. Nothing beyond that. Meaning thereby that apprehended transfer can only be possible if laws permits.

Thanks all the Ld. members for the advices and time.

I reiterate I have no reason to misguide.

Thanks, once again.

Rabin Majumder

New Delhi.

@ Ld. Robin Majumdar

With respect to your stature S. 19 HMA and Part I CPC can never be applied for complaint and or FIR transfer cases. Your kind self is reiterating the same misguidance again as reply to my objection on Section(s)  of Law usage. HMA has no role in complaint / fir cases. CPC has no role in complaint / fir cases. If there is a civil case then only these two code(s) can be used and this is not the case in hand Ld. Majumdar!


For clarity I am interpreting your subsequent reply that under S. 19 HMA and Part I CPC the Law is there to intend the transfers but that is not the point of law at all to use for a criminal / complaint case !!!!!!!!!!!


Hence the que. of and I quote your last line from your own reply "apprehended transfer can only be possible if laws permits" can't even be suggested at all.

@ Tajob!

u said- "F.I.R. is only lodged if the conciliatory efforts fail."

Is it so? I know many cases where where CAW cell sent its report to ACP about concillation failed & FIR still not lodged.

I do not think its mandatory to lodge FIR if boy refuses to budge at CAW extortion sessions!