Legal Question in Family Law in India
can a 498a case can be transfer from one town to another town in same district
4 Answers from Attorneys
as per latest ruling of supreme court of india, no such transfer can be done.
agreed
There is no blanket ban for the court to transfer a case from one place to another. An appropriate order may be passed depending upon facts and circumstances of each case. In a recent case, the supreme court refused transfer of a criminal case from AP to MP by observing: "Having regard to the consequences of non-appearance of the accused in a criminal trial, we are loath to entertain the petitioner�s prayer for transfer. In a criminal proceeding, the right of the accused to a fair trial and a proper opportunity to defend himself cannot be ignored for the convenience of the complainant simply because she happens to be the estranged wife."
You may apply to the concerned District & Sessions Judge for transfer of case by pleading available grounds for transfer.
generally high court has the powers to transfer the cases from one dist to another in the same state.