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