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Can i get a domestic violence case transferred to another state?


11-May-2023 (In Divorce Law)

Can I get any relief in a Domestic Violence case against me if I am mentally stressed and have a doctor certificate for the same. My wife is separated from me since 5 years and has filed a DV case in Mumbai 2 years ago.and I am in Delhi.

 

Can we get the case shifted to Delhi on grounds of my mental stress and my parent's old age (they are also party).

 

Lastly, can I file a Divorce case in Delhi if my DV case is pending and under process in Mumbai?

 

Answers (1)

Answer #1
384 votes

You can file a Divorce case in the Court within whose jurisdiction your matrimonial home is located.

With respect to DV Act, you can move an application for permanent exemption under Section 205 of the Code of Criminal Procedure stating the reasons for the same for you as well as your parents.

Filing a transfer petition is unlikely to be allowed as you are the accused.

Kindly contact us for any further details and action.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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