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Transfering of child custody case. What is the procedure ?


27-Apr-2023 (In Child Custody Law)
Can a child custody case lodged by the husband at Alipore Judge's Court be transferred to any other sessions court where the wife along with her 2 yr old kid resides? Also to be mentioned a 498A and 373 etc case is already going on in wife's native place. The wife is a govt employee and there is no other male member in her family and she is continuously threatened by the husband and his family. Can the case be transferred? If so, then what is the procedure and how long will it take?
Answers (2)

Answer #1
959 votes
Yes you can move for transferring your case before Kolkata High court stating your inconvenience to appear before the present court. It is not possible to calculate how much time it would take. But, obviously not very long.

Answer #2
698 votes
Yes. There is a procedure to transfer the Case from one Court to Another court, One District to another District, One State to another State. If the case will transfer from one Court to another Court in same District, District Judge have power to transfer it to another Court within his District. If the Case be transfer to one Court to Another Court in Separate District, Then High Court have power to transfer it. If the Case be transfer from one State to another State, Supreme Court have power to shift the Case from one Court to another in separate State. Now in your Case, chose where you wants to shift your Case. Provide that, there should be valid ground for transfer a Case.

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